Mountain States Telephone & Telegraph Co. v. Kelton

79 Ariz. 126, 285 P.2d 168 (1955)

Facts

A contractor (D) caused damage to an underground cable placed beneath private property by the telephone company (P) under a perpetual easement which had been recorded. P argued that D had constructive notice of the presence of the cable due to the fact that the easement had been recorded. The lower court held for D, and P appeals.