United Tel. Co. of Missouri v. Horn

WASSERSTROM, Chief Judge.

Plaintiff sued for defendant’s negligence in damaging plaintiff’s underground telephone line. Defendant counterclaimed for damages. The trial court found for defendant on plaintiff’s claim and for plaintiff on defendant’s claim. Defendant appeals from that portion of the judgment adverse to him. 1 We affirm.

The trouble between the parties started when defendant’s equipment in the course of digging a ditch for a new water line, struck and severed a buried telephone line belonging to plaintiff. When that occurred, defendant called plaintiff who sent out a crew to repair…