Mountain States Tel. & Tel. Co. v. Horn Tower Construction Co.

Opinion by

Mr. Justice Doyle.

Plaintiff in error as plaintiff instituted this action in the trial court seeking damages for the severance by defendant’s bulldozer of an underground conduit. We refer to the parties as they appeared in the trial court. Review is sought of a judgment dismissing plaintiff’s claim based on trespass. The trial court submitted the question of defendant’s negligence to the jury and the verdict was for defendant. A claim based on absolute liability was dismissed before trial and the propriety of this ruling is not before us.

On July 16, 1957, defendant, pursuant to a…