Etex Telephone Cooperative, Inc. v. Sanders

HUTCHINSON, Justice.

This is an appeal from a judgment awarding actual and exemplary damages for trespass upon real property.

Appellee, H. B. Sanders (Sanders), instituted the suit against appellant, Etex Telephone Cooperative, Inc. (Etex), alleging damages resulting from an unauthorized burial of a telephone cable on land belonging to him. Etex, in turn, joined as third-party defendants appellee Hutton Construction Company, Inc. (Hutton), and Fanning Engineers, Inc. (Fanning), praying for indemnity and/or contribution based upon its allegation that the trespass, if any, was committed by their…