Pearce v. Mountain States Telephone & Telegraph Co.

This action is to recover damages occasioned by fire, alleged to have been caused by the negligent installation and maintenance of a telephone and appliances in plaintiff’s store building. The point involved relates to the alleged error of the court in sustaining defendant’s motion for a nonsuit at the close of plaintiff’s evidence.

The complaint alleges that plaintiff’s building and stock of merchandise burned May 13, 1913; that at that time and long prior thereto, defendant owned, operated, managed and controlled a telephone line, extending from its exchange at Arvada, into plaintiff’s…