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Mountain States Telephone & Telegraph Co. v. Kelton

Supreme Court of Arizona
285 P.2d 168 (1955)


Facts

Mountain States Telephone & Telegraph Co. (plaintiff) filed suit to recover compensation for damages to an underground telephone cable. The cable was located in the area of an easement that had been publicly recorded. Mountain States named several property owners and Kelton (defendant), a construction contractor, as defendants. The trial court found that the property owners had actual notice of the location of the underground line and held them liable for negligence for failing to take reasonable precautions to prevent the damage. The trial court found that Kelton did not have notice of the line location even though it could have been determined from a review of the public records. As such, the trial court concluded that Kelton had exercised reasonable care and was not liable for damages arising from negligence. Mountain States appealed.

Rule of Law

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Issue

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Holding and Reasoning (Udall, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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