William H. Schwanke, Inc. v. Wisconsin Telephone Co.

The court sets aside the verdict of the jury for damages to plaintiff’s business, on the ground of insufficiency of proof. From the nature of the case, definite and accurate proof could not be made. The best proof of which the case was susceptible was made. I take it no one will deny that where a telephone, serving a business establishment, is put out of service, some damage is bound to result.

In Sommerville v. Chesapeake & Potomac Tel. Co. 258 Fed. 147, 149, the court said: “To prove that one lost a certain number of dollars by reason of the company’s action *559might be very difficult, and yet,…