Product Research Associates v. Pacific Telephone & Telegraph Co.

Opinion

MOLINARI, P. J.

Plaintiff appeals from a summary judgment in favor of defendant in an action for damages allegedly sustained as a result of defendant’s negligent failure to provide adequate telephone service. The gist of the action is that because of the failure to provide such service plaintiff was caused to lose the distributorship of a Japanese product. The sole issue is whether, under the provisions of its tariff schedule, defendant could limit its liability for service failure to the credit allowance therein provided.

Plaintiff contends that the subject schedule provides only for a…