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SMITH v. FITTON AND PITTMAN, INC.

19979

264 S.C. 129 (1975)

212 S.E.2d 925

Nathaniel SMITH, Respondent, v. FITTON AND PITTMAN, INC., Appellant.

Supreme Court of South Carolina.

March 26, 1975.

Attorney(s) appearing for the Case

Jeter E. Rhodes, Jr. Esq., of Whaley, McCutchen and Blanton, Columbia, for Appellant.

W. Ralph Garros, Esq., of Garris & Garris, Columbia, for Respondent.

Jeter E. Rhodes, Jr., Esq., of Whaley, McCutchen and Blanton, Columbia, for Appellant, in Reply.

March 26, 1975.

NESS, Justice:

This case involves the negligence of the defendant-appellant in failing to refill a utility pole hole and the propriety of a jury award of Twenty-five Thousand ($25,000.00) Dollars actual damages.

On September 26, 1969, the appellant pursuant to a contract with Southern Bell Telephone Company replaced a telephone pole located on property used by Charles Campbell for a combination automotive repair garage and used car...

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