Appeal
from Common Pleas Circuit Court of Richland County; J. K
Henry, Judge.
Action
by S. J. Barrett against the Broad River Power Company.
Judgment for plaintiff, and defendant appeals. Reversed and
rendered.
Contracts
and rules directed to be reported are as follows:
Construction
Contract.
Application
for Electric Service Line Extension On Addition
Class of Service Electric Lights-110 Volts.
The undersigned, hereinafter called the applicant, hereby
makes application to the Columbia Railway, Gas & Electric
Company, hereinafter called the company, for the furnishing
construction, and placing in operation of an electric service
line extension, including the cost of service connections
individual transformers, or increased transformer capacity,
extension of primary, and secondary mains from the nearest
suitable electric service line of the company located at
Columbia, S. C., R. F. D. No. 1, on Old Winnsboro road,
one-half block north of Clarendon street, lot of Lizzie T.
Barrett owned by S. J. Barrett and occupied by S. J. Barrett
as residence.
The applicant agrees to deposit with the company the sum of
sixty-six and 08-100 dollars ($66.08), which is the estimated
cost of all labor, material, and other items of expense
required for the construction of the above-specified electric
service line extension, and expressly understands and agrees
that all rights and title to said electric service line
extension shall at all times be and remain in the company.
Upon full payment of the above deposit to the company by the
applicant, and the acceptance of his application by the
company, the company shall proceed to furnish, construct, and
place in operation the said electric service line extension, subject, however, to delay due to shortage of
material or labor, strikes, or any other causes beyond the
company's control.
Refund shall be made to applicant in accordance with general
terms and conditions as filed by the company with the
Railroad Commission of South Carolina.
Extension to be made in accordance with R. C. S.C. No. 1,
rule No. 15.
S. J. Barrett, Applicant.
Estimated cost of extension $66.08, received by C. M. Tew,
Jr., Assistant Cashier.
Refund to be in accordance with rule No. 15, J. M. Costello,
Auditor.
Accepted: Columbia Railway, Gas & Electric Company, by F. K.
Woodring, General Manager.
Rule 15 of the Railroad Commission and other rules of the
commission introduced in evidence are as follows:
15.
Extension in Municipalities.
Upon request to the company to supply its service in any city
or town in which the company
operates for either light or power or both, at a location
where it is necessary for the company to make main or
distributing line extensions involving a total expenditure of
an amount greater than the estimated revenue for a twelve
months' period to be paid by the prospective consumer,
the prospective consumer shall deposit with the company in
advance an amount of money equal to the total estimated
expenditure necessary for the main or distributing line
extension.
When such a deposit is made with the company by the
prospective consumer, the company will give the consumer
credit each six months, in an amount of 25 per cent. of the
consumer's bills for service furnished, until the sum of
all credits is equal to the original deposit made to the
company, plus 6 per cent. interest per annum.
Should additional business be secured on the
main and distributing lines built under such deposit, an
additional credit will be made of 25 per cent. of the
additional business served from the main or distributing line
extension. Settlement to be made to the depositor
semiannually, January 1st and July 1st.
The aggregate of all credits shall in no case exceed the
amount of the original deposit and interest charges. Should
the original consumer making the deposit cease to use the
company's services in the premises to which the main or
distributing line extension is made, the credits will be made
to the original depositor as set forth in the foregoing, in
proportion to the use of the company's service by
succeeding occupants of the premises, and any additional
business served on the main or distributing line extension in
the percentum above stipulated. Any balance of said deposit
or interest charges not so repaid within five (5) years shall
be retained by the company.
Nothing herein contained shall in any manner be construed as
conferring upon the depositor any title or right of equity in
said extension of main or distributing lines.
5.
Access to Consumer's Premises.
The company's authorized agents, or employees, shall have
access, at all reasonable times, to its property, and to all
of the electrical wiring and equipment owned by the consumer,
or any one else, and installed on the consumer's
premises.
8.
Cause of Discontinuance of Service.
The company reserves the right to discontinue service and
disconnect its lines and remove its property for any of the
following reasons: (1) For repairs; (2) for want of supply;
(3) for nonpayment of bills when due; (4) for fraudulent
representation in relation to consumption of electricity; (5)
for violation of any of the conditions of this contract; (6)
for the reason that the consumer's service is detrimental
to service in general, or in his immediate locality; (7) if
it conflicts with orders, ordinances, or laws
of the state of South Carolina, or any political subdivision
thereof.
In case service is discontinued on account of reasons 3, 4,
or 5, noted above, service will only he reconnected upon
payment of all money due the company, payment of a deposit,
and payment of an additional amount sufficient to cover the
cost of disconnecting and reconnecting service.
In the event of the consumer's plant being shut down on
account of strike, fire, or lockout, thus making a complete
cessation of operations unavoidable, the minimum charge or
guaranty will be waived during such period, provided,
however, that the term of this contract shall be extended for
a corresponding period.
In case the company through any act of negligence of the
consumer is prevented from supplying electricity through the
entire term of this contract, there shall then become due and
payable to the company, in lieu of the returns from such
supply during the unexpired term of the contract, as
liquidated damages and not as penalty, a further sum equal to
the monthly minimum charge hereunder multiplied by the number
of months remaining in the unexpired portion of said fixed
term.
18.
Bills.
The company will endeavor to deliver to the consumer, by mail
or messenger, a monthly statement of the amount due the
company under this contract. Failure to receive such
statement from the company will not entitle the consumer to
any delay in the settlement of each month's account
beyond the date when the bill is due and payable. Unless
otherwise specified, all bills will be payable at the office
of the company between the hours of 8:30 a. m. and 5 p. m.,
within ten days of the date of bill.
Contract
for Electric Service.
Name: Barrett, S. J .
Application
for Electric Service.
You are hereby requested to connect your mains with the
equipment scheduled on the back hereof, installed on the
premises at half block North Clarendon street, city of
Columbia, and furnish me with electric service for said
equipment. In consideration of such connection being made I
agree to take from the Columbia Railway, Gas & Electric
Company all the electric service requested by me for the full
term of this agreement and to pay for this service under
rates as set forth in R. C. Schedule 8.
It is understood that the rates in said schedule and the
service regulations are subject to changes ordered or
approved by the state board having jurisdiction over public
utilities.
The consumer agrees to pay the rates and observe the service
regulations of the company in effect at the time service is
rendered and filed with the state board having jurisdiction
over public utilities.
The consumer agrees not to transfer this contract without the
written consent of the company.
The term of this agreement shall extend from 1-23, 1925 (or
as soon thereafter as the power company is able to deliver or
the consumer to receive electric power), until terminated on
a fixed date after 1-23, 1926, by either party giving to the
other at least 30 days' written notice, specifying the
date of termination.
In making this application, it is understood that it shall
not be binding upon the company until accepted by it
through its proper executive officers, and that it shall not
be modified or affected by any promise, agreement, or
representation by any agent or employee of the company
made before or after signing unless incorporated in writing
into this agreement before acceptance by the company.
Name: S. J. Barrett,
Address: Route No. 1 .
Carter,
J., dissenting.
Elliott & McLain, of Columbia, for appellant.
E. J.
Best and J. B. McLaughlin, both of Columbia, for respondent.
BLEASE
J.
Action,
or, more properly, several actions on tort, growing out of
the disconnection and discontinuance of the plaintiff's
electric light service by the defendant. The trial was in the
court of common pleas for Richland county, before Hon. J. K.
Henry, presiding judge, and a jury. From a verdict and
judgment for the plaintiff, for both actual and punitive
damages, the defendant appealed to this court.
The
plaintiff instituted four separate suits against the
defendant, in the same court, and about the same time. Each
charged torts, commencing on the same day, in practically the
same manner, and concerning the same premises of the
plaintiff. The gist of the several...
