Smith v. Fitton and Pittman, Inc.

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 lot. The old pole was removed, but admittedly appellant did not refill the remaining hole. The hole was located about one foot from a fence which enclosed the used…