Southwestern Bell Telephone v. City of Pawhuska

MEMORANDUM OPINION

CARL B. JONES, Vice Chief Judge.

¶ 1 Appellant, Southwestern Bell, sought to recover its damages caused when Appellee, City of Pawhuska, damaged its underground cable when repairing a broken water line. The action was brought under the Underground Facilities Damage Prevention Act, 63 O .S.1991 § 142.1 et seq. The case was submitted to the trial court on stipulated facts and resulted in a judgment in favor of the City of Pawhuska. Following an unsuccessful motion for new trial, Southwestern Bell appeals.

¶2 The stipulated facts are that at 4:49 o’clock p.m., on August 20, 1995,…