This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.