South Carolina Electric & Gas Co. v. Utilities Construction Co.

Bussey, Justice.

In this action the plaintiff-respondent seeks to recover by way of indemnity, the sum of $39,000.00, interest and costs from the defendant-appellant. The controversy arose out of the following facts:

The Town of Holly Hill passed an ordinance which granted the plaintiff the electric franchise for that copimunity. The portions of this ordinance pertinent to this controversy read as follows:

“Section 3. The poles, towers, conduits, cables, conductors, transforming stations, fittings, appliances and appurtenances shall be so, constructed as not to unreasonably interfere with the…