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CONTINENTAL TELEPHONE v. GUNTER

No. 8930DC916.

394 S.E.2d 228 (1990)

99 N.C. App. 741

CONTINENTAL TELEPHONE COMPANY OF NORTH CAROLINA, a corporation Plaintiff, v. Carlyle GUNTER, d/b/a Carlyle Gunter Bulldozing, Defendant.

Court of Appeals of North Carolina.

August 7, 1990.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Larry C. Harris, Jr., and Mark A. Pinkston, Asheville, for plaintiff-appellant.

Haire and Bridgers, P.A. by R. Phillip Haire, Sylva, for defendant-appellee.

COZORT, Judge.

The plaintiff sued to recover damages caused by the defendant's alleged negligence in severing underground telephone cables. On appeal the plaintiff contends that the trial court erred in directing a verdict for the defendant. We agree.

The defendant, Carlyle Gunter, contracted with the Frontier Trading Post to raise the level of its parking lot, which necessitated removal of the old asphalt. On 2 May 1986, one of Gunter's employees was operating...

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