Cincinnati & Suburban Bell Telephone Co. v. Carter Construction Co.

Defendant, in the course of repairing a broken water service line under a street, pushed a pipe into and through plaintiff’s existing underground facilities and concededly damaged a 600-pair twenty-two gauge cable and a 900-pair guage cable, and the conduit enclosing them. Plaintiff was required to and did immediately make the necessary repairs to restore its facilities to service.

Plaintiff sued in tort for damages in the Municipal Court of Cincinnati, which held it to be a case of nonliability.

On appeal to the Common Pleas Court, defendant was found to be liable in damages, but on the record…