BOARD OF PUBLIC UTILITIES v. FENTON

No. 12924.

669 S.W.2d 612 (1984)

BOARD OF PUBLIC UTILITIES OF the CITY OF SPRINGFIELD, Missouri, and Southwestern Bell Telephone Company, Plaintiffs-Respondents, v. Sandra Kay FENTON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

April 20, 1984.


Attorney(s) appearing for the Case

David F. Sullivan, Jones, Keeter, Karchmer, Nelms, Sullivan & Kirby, Springfield, for defendant-appellant.

Rae L. Nickell, Springfield, for plaintiff-respondent Board of Public Utilities.

Richard E. Dorr, Dorr and Baird, Springfield, Deborah Sue Doud, Kansas City, Jack C. Lorenz, St. Louis, for plaintiff-respondent Southwestern Bell Telephone Company.


HOGAN, Judge.

On July 5, 1979, defendant Sandra Kay Fenton was driving west along the outer road south of Interstate 44, northeast of Springfield, Missouri. Defendant fell asleep and ran off the road on the right (north) side. She struck and broke a 40-foot wooden telephone pole which was the property of plaintiff Southwestern Bell. A transformer, described in the record only as a 10 KVA transformer, was attached to the pole. The transformer was the property of the...

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