Mountain States Telephone & Telegraph Co. v. Kelton

Mountain States Telephone & Telegraph Co. (plaintiff) sued to recover for damage to its underground telephone cable, located within a publicly recorded easement, naming several property owners and construction contractor Kelton (defendant); the trial court held the property owners liable for negligence based on their actual notice of the cable's location, but found Kelton had no actual notice and, despite the fact the location could theoretically have been determined from public records, held Kelton had exercised reasonable care and was not liable.