GENERAL TELEPHONE CO. OF S.W. v. BI-CO PAVERS, INC.

No. 18347.

514 S.W.2d 168 (1974)

GENERAL TELEPHONE COMPANY OF the SOUTHWEST, Appellant, v. BI-CO PAVERS, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied October 3, 1974.


Attorney(s) appearing for the Case

R. L. Middleton, Jr., Dallas, for appellant.

James K. Peden, III, Strasburger, Price, Kelton, Martin & Unis, Dallas, for appellee.


GUITTARD, Justice.

In this suit by a telephone company against a paving contractor for severing a telephone cable buried in conduit under a public street, the jury found no negligence on the part of defendant contractor and also found that plaintiff's negligence contributed to the occurrence. On these findings the trial court rendered judgment for defendant, and plaintiff appeals on the ground that other findings of the jury establish a trespass, to which contributory...

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