Rich Electronics, Inc. v. Southern Bell Telephone & Telegraph Co.

DANIEL S. PEARSON, Judge.

In this appeal we must decide the correct interpretation of the tariff which limits the liability of the phone company for service “irregularities.” The interpretation adopted by the trial court is that liability is limited unless it can be shown that the company was guilty of gross negligence or willful misconduct; the interpretation urged by the appellant is that the limitation of liability gives way upon the considerably lesser showing that the company was negligent in failing “to maintain proper standards of maintenance and operation and to exercise reasonable…