Southern Bell Telephone & Telegraph Company v. LaRoche

Banke, Chief Judge.

As the plaintiff was using a pay telephone owned by defendant Southern Bell Telephone and Telegraph Company and located on the premises of a grocery store owned by defendant Grand Union Company, d/b/a Big Star Foods, the unit fell from the wall and struck his foot, fracturing one of his toes. He sued to recover damages sustained as a result of this injury, including lost earnings in the amount of $12,800 allegedly resulting from a 2-month period of disability. A jury awarded him damages in the amount of $10,000 against Southern Bell but assessed no liability against Grand…