The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1917-05-09
JUDGE PEURIFOY'S RULING
on POWER COMPANY SUIT
StenOgraphcr Perrin Furnishes Copy
of Judges Ruling in Important Case

OF Judges Ruling in Important Case
Through the courtesy of Mr.. J. l..
Perrin. court stenographcr, The Ad-
vcrtiser is able to print in full Judge
Pcurifoy's ruling in the case Of the
Reedy River Power Company rs the
City Of Laurens, in which a verdict
was directed for the plaintiff in full,
excepting interest. The ruling in full
is found below.
The Advertisers attention has been
called to the fact that the power COM
pany verbally waived it's claim for
punitive damages when its attorneys
read their complaint, this claim hay
ing been set out in their original COM
plaint from which The Advertiser
made up its story in its last issue.
The Advertiser is glad to set the rec
ord straight in the matter.
The following is the ruling Of Judge
Pcurifoy in directing the verdict:
"Well gentlemen, have listened as
patiently as ! knew how to the testi-
mcny and the argument. The plead
ingS are very long and the testimony
has been very long and the question
is new to me, but have reached this
conclusion. The contract was made
between the City and the Power Com
p2ny based on a peak system. Now
whether that contract is valid or in
valid think tha, the contract is
valid. II was agreed upon by both
parties and lived up to by both par
ties for something like eight years.
THAT being true and and being unGiS-
putcd | think the defendant would be
cStoppcd to deny the validity Of the
contract. have already held that it
WASH; a bonded Indebtedness OF the
city, therefore, that would go out. Ii
The contract, therefore, is valid il
ought to be enforced. SO then the
question comes back to that part OF
the contract with reference to the
peak system and much Of the tcsti-
mOny is ccntcrod around that point
Nov there is testimony nero that
former meter became Inaccurate
somebody put a wire on il and the
testimony is that that meter was
burned out On account Of the wire be
ina pa, on il. Now several Inference
CS may he drawn from that. Cnc
would be that il registered greater
hOrsc powGr than 1t would without the
WirC ana therefore some agent Of the
t.IA''nN may "dN' P.' II 'H"iH' M
H.''S' ~ cItH'" No"i" " ~ ~ 'c"-
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iha' someone who was probably not
,'!''2 WIN '"o i'oNc' oo"lRahN p"'
( Tho and hurncd ont the machine.
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