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OSSMAN v. MOUNTAIN STATES TELEPHONE & TEL. CO.

No. C-387.

520 P.2d 738 (1974)

Emmett OSSMAN, Petitioner, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 22, 1974.

Attorney(s) appearing for the Case

Anthony F. Zarlengo, Denver, A. J. Laing, Leadville, for petitioner.

Joseph C. O'Neil, Cotton Howell, Denver, for respondent.

KELLEY, Justice.

We granted certiorari to review the decision of the Court of Appeals in Ossman v. Mountain States Telephone & Telegraph Co., Colo.App., 511 P.2d 517 (1973). The Court of Appeals, in reversing the judgment of the trial court, held that an entity which has the statutory power of eminent domain cannot be held liable for a nonintentional trespass where the trespass occurred while such entity was pursuing a public...

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