Weber v. Indiana Bell Telephone Company

Plaintiff-appellant Weber appeals from the granting of a summary judgment in favor of defendantappellee Indiana Bell Telephone Co. (Bell), challenging the propriety of the trial court’s ruling.

The record reveals that on May 8, 1973, Bell entered upon Weber’s land without obtaining prior express consent for the purpose of installing underground cable service to Weber’s telephone. From damage allegedly sustained by Weber in this incident, suit was filed against Bell seeking recovery on separate counts of trespass and negligence. Bell’s motion for summary judgment as to the trespass count was…