WESTERN CONST. CO. v. VALERO TRANSMISSION CO.

No. 2419cv.

655 S.W.2d 251 (1983)

WESTERN CONSTRUCTION COMPANY, Appellant, v. VALERO TRANSMISSION COMPANY, Appellee.

Court of Appeals of Texas, Corpus Christi.

April 28, 1983.


Attorney(s) appearing for the Case

Richard E. Flint, Head, Kendrick & Head, Corpus Christi, for appellant.

Thomas Hoekstra, San Antonio, John Barrow, Nicolas, Morris & Barrow, Corpus Christi, for appellee.

Before NYE, C.J., and UTTER and GONZALEZ, JJ.


OPINION

UTTER, Justice.

An underground pipeline owned by appellee was struck and ruptured by a bulldozer driven by one of appellant's employees. The jury awarded appellee actual damages of $35,581.08 and exemplary damages of $25,000. We affirm the award of actual damages, but reverse the award of exemplary damages.

In its first and second points of error, appellant contends that there was no evidence to support the submission to the jury of Special...

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