General Telephone Co. of the Southwest v. Blacksher

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, can nevertheless be held strictly liable for damaging underground telephone lines lawfully in place.

Trial was to the court, which found (1) that…