McDowell v. Southwestern Bell Telephone Co.

GUNN, Judge.

Plaintiff-respondent brought a negligence action against defendant-appellant Southwestern Bell Telephone Co. to recover damages for injuries sustained while plaintiff was using a telephone installed in his residence by the defendant. Plaintiff alleged that his injury was caused by a severe acoustical trauma brought about by a loud noise. The case was submitted to the jury on a res ipsa loquitur theory, and the jury returned a verdict in favor of plaintiff for $10,000.

On appeal, the defendant raises the following points: 1) error was committed in allowing plaintiff to introduce and…