Southwestern Engineering Co. v. Phillips Pipe Line Co.

KEITH, Justice.

The appeal is from a summary judgment overruling cross-defendants’ plea of privilege. Since we have a confused record, a lengthy statement is necessary in order to place the appeal in proper perspective.

Sandige Construction Company, Inc. (“Sandige”) contracted with Fort Bend Telephone Company (“Ft. Bend”) to lay a telephone line and its attendant facilities in an underground trench along certain public roads and privately owned lands in Waller County, Texas. Ft. Bend engaged South western Engineering Company (“Southwestern”) to stake and locate the trench line upon the ground…