Franke v. Southwestern Bell Telephone Co.

HIGGINS, Commissioner.

Action by plaintiffs for $50,000 actual and $100,000 punitive damages for trespass to real estate, alleged to have occurred through use and occupancy of plaintiffs’ land by defendant in maintaining an underground concrete conduit containing wires and cables through plaintiffs’ land. Defendant denied the trespass and damages, claimed an easement across plaintiffs’ land for purpose of maintaining its conduit, and prayed the dismissal of plaintiffs’ action. Jury-waived trial resulted in a judgment which denied plaintiffs’ claims for damages and granted defendant “a…