Foss v. Pacific Telephone & Telegraph Co.

This action was brought to recover for destruction of plaintiff’s buildings and fixtures and for loss of future profits, by fire alleged to have resulted from defendant’s negligent delay in supplying telephone connection to a fire department. The appeal is from the judgment of dismissal rendered upon plaintiff’s refusal to plead further after a demurrer had been sustained to his complaint.

There is no claim that the fire was started or caused by respondent’s neglect. Respondent’s liability is based on appellant’s claim that a delay in respondent’s telephone service delayed arrival of fire…