Kersey v. Asphalt Paving, Inc.

A. D. McNEILL, Circuit Judge.

This cause coining on to be heard on the motion of defendant Southern Bell Tel. & Tel. Co. for summary judgment in its favor, and the court having considered the pleadings, affidavits and depositions on file, and heard arguments of counsel, finds the following undisputed facts—

On June 2, 1958 the defendant Asphalt Paving, Inc., while engaged in the construction and laying of a drainage ditch and culvert on the Old Gainesville Road (Lenox Avenue) near its intersection with Sky Drive West, in Duval County, dug a ditch or excavation through and across the paved…