ruling he must pay a $1,000 telephone bill someone else rang up.

In dismissing Hodgson's Supreme Court appeal, Puisne Judge the Hon. Mr.

Justice Ground suggested it would be a good idea if the Bermuda Telephone Company made its terms and conditions of service clearer.

Nevertheless, he said it had been clear enough that in order to cancel a contract and eliminate any future liability, a customer must give Telco written notice.

Mr. Justice Ground said while he did not disbelieve Mr. Hodgson's claim he had given written notice, he said the fact was Telco had no record of his letter and he had not gone into its offices to fill out the required form.

He said Mr. Hodgson should have gone to Telco's offices to cancel the contract. That way he would have ensured he was no longer responsible for any telephone calls made from his former employee's address.

"The situation is very much one of (Mr. Hodgson's) own making,'' the judge found.

Lawyer Mr. Ian Kawaley had argued the person who now lives in his client's former employee's apartment was responsible for the bill.

The court heard Telco would not allow the telephone to be in Mr. Hodgson's employee's name because of past problems.

Thus, the lawyer allowed it to be in his because he needed to be in constant contact with the man.

"That should have sounded a warning bell,'' Mr. Justice Ground pointed out.

Indeed, the employee did not pay his bills and the line was subsequently cut off.

Mr. Kawaley said that when Mr. Hodgson sent Telco a cheque for his employee's unpaid bills, he also enclosed a letter saying he did not want the line reconnected in his name.

However, the phone was reconnected in his name and the new occupant of the apartment rang up a telephone bill of $1,000, which to date has not been paid.

Telco sued Mr. Hodgson for the money and Acting Magistrate the Wor. Peter Miller ruled that he should pay it because he had not "effectively terminated his contract with Telco''.

Mr. Justice Ground, agreeing with the acting magistrate's ruling, told Mr.

Hodgson he should not have just assumed Telco got his letter, especially considering the consequences if the company had not.