Emery v. Rochester Telephone Corp.

The plaintiff claims that the defendant negligently failed to furnish him adequate telephone service and that as a result thereof the services of a physician could not be secured until too late to save the life of plaintiff’s intestate.

The defendant in a separate defense claims that it is exempted from liability by reason of a provision in its contract. This defense the plaintiff seeks to strike out.

A telephone corporation is required to “ furnish and provide with respect to its business such instrumentalities and facilities as shall be adequate and in all respects just and reasonable.” (Pub.…