General Telephone Co. of Southwest v. Bi-Co Pavers, Inc.

GUITTARD, Justice.

In this suit by a telephone company against a paving contractor for severing a telephone cable buried in conduit under a public street, the jury found no negligence on the part of defendant contractor and also found that plaintiff’s negligence contributed to the occurrence. On these findings the trial court rendered judgment for defendant, and plaintiff appeals on the ground that other findings of the jury establish a trespass, to which contributory negligence is no defense. We affirm on the ground that no trespass or other ground of liability has been established.

The…