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ARKANSAS LOUISIANA GAS CO. v. CENTRAL UTILITIES CONSTRUCTORS, INC.

No. 82-153.

643 S.W.2d 566 (1982)

278 Ark. 101

ARKANSAS LOUISIANA GAS COMPANY, Appellant, v. CENTRAL UTILITIES CONSTRUCTORS, INC., Appellee.

Supreme Court of Arkansas.

December 20, 1982.

Attorney(s) appearing for the Case

Wallace, Hilburn, Clayton, Calhoon & Forster, Ltd. by David M. Fuqua, North Little Rock, for appellant.

Wright, Lindsey & Jennings, Little Rock, for appellee.

HAYS, Justice.

By this appeal we are urged as a matter of first impression to adopt a rule of strict liability based on trespass, in place of liability based on fault, against one who has damaged an underground utility line. We decline, because it would be inappropriate to apply strict liability to the facts in this case.

Central Utility Constructors, Inc., appellee and defendant below, was awarded a contract to...

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