SOUTHWESTERN BELL TELEPHONE CO. v. BATTEN

No. 13715.

688 S.W.2d 61 (1985)

SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiff-Respondent, v. Bob BATTEN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

March 22, 1985.


Attorney(s) appearing for the Case

Dale E. Nunnery, Hyde, Purcell, Wilhoit, Spain, Edmundson & Merrell, Poplar Bluff, for plaintiff-respondent.

Mark A. Kennedy, Mark A. Kennedy & Associates, Poplar Bluff, for defendant-appellant.


PREWITT, Chief Judge.

Plaintiff's petition sought damages in two counts, alleging that on the same day defendant negligently severed plaintiff's underground cable twice, twenty-one feet apart. Following nonjury trial, the trial court entered judgment in plaintiff's favor for the amounts sought, $137.80 on Count I, and $421.05 on Count II. No findings of fact were requested or made. Defendant appeals.

Defendant's first three points are directed at the portion...

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