Southwestern Bell Telephone Co. v. Beachner Construction Co.

The opinion of the court was delivered by

Nuss, ].:

This is a property damage case arising out of a public improvements project in Frontenac, Kansas. Southwestern Bell Telephone Company d/b/a AT&T Kansas (SBT) obtained judgment against Beachner Construction Company, Inc. (Beachner) for damages negligently caused to an SBT underground telephone cable which SBT had relocated at the city’s request to accommodate Beachner’s project construction. We transferred Beachner’s appeal to this court pursuant to K.S.A. 20-3018(c).

The issue on appeal, and this court’s holding, is as follows:

Did the district…