GEN. TEL. CO. OF SOUTHWEST v. BLACKSHER

No. 01-87-0342-CV.

742 S.W.2d 465 (1987)

GENERAL TELEPHONE COMPANY OF the SOUTHWEST, Appellant, v. Robert BLACKSHER and Blacksher & Son, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 17, 1987.


Attorney(s) appearing for the Case

William G. Mundy, Glenda R. Beard, General Telephone Co. of the Southwest, Irving, for appellant.

H.D. Pate, Bridge City, for appellees.

Before WARREN, COHEN and DUNN, JJ.


OPINION

WARREN, Justice.

This is an appeal from a take-nothing judgment rendered against the appellant ("General Telephone"), in its suit to recover for damage to its underground cables, as a result of the appellees' ("Blacksher") excavation for a water line.

The main question for determination here is whether a contractor, who was found not negligent in observing any above-ground signs of buried lines and in operating a digging and boring machine...

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