Legal Opinion

Providence Washington Insurance v. Iowa Telephone Co.

Supreme Court of Iowa

Decided November 24, 1915PublishedCited by 9 opinions

Appeal from Scott District Court. — Hon. A. P. Barker, Judge. Action for damages against the defendant Telephone Company for alleged failure to deliver promptly a fire call to the fire department of the city of Davenport, whereby the plaintiff’s assignor suffered a fire loss which might otherwise have been prevented. At the close of plaintiff’s evidence, there was a directed verdict for the defendant. The plaintiff appeals.

1Opinion of the CourtEvans, J.

The plaintiff is an insurance company, -which had issued an insurance policy to one J. T. Haller against damage by fire to his automobile. The automobile was destroyed by fire. In pursuance of the policy, the plaintiff paid the loss to the-amount of $2,750, and took an assignment from Haller of his alleged cause-of action against the defendant for negligent delay in transmitting the fire call. The fire call reached the fire department at 11:30 P. M. The record of the telephone company shows also that this was the time of the receipt of the call from Haller. The claim of Haller, however, is…

2Cases cited1 opinion

  1. Volquardsen v. Iowa Telephone Co.Supreme Court of Iowa · 1910

3Cited by9 opinions

  1. Robinson v. Southern New England Telephone Co.Supreme Court of Connecticut · 1953
  2. Eclipse Lumber Co. v. DavisSupreme Court of Iowa · 1923
  3. Foss v. Pacific Telephone & Telegraph Co.Washington Supreme Court · 1946
  4. Mentzer v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1931
  5. Missouri Dist. Telegraph Co. v. Morris & Co.Court of Appeals for the Eighth Circuit · 1917

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