3 Conn. Cir. Ct. 323 | Conn. App. Ct. | 1965
An electric light pole of the plaintiff was damaged when hit by an automobile driven by the defendant. The defendant’s liability is not disputed, and the only question presented on this appeal involves the proper measure of damages to which the plaintiff is entitled. The trial court, in rendering judgment for the plaintiff in the amount of $339.36, included payroll costs and costs of automotive equipment and meal allowance, but refused to include certain “overhead” expenses covering such items as payroll taxes, pension costs, vacation and holidays for its employees, and engineering and supervision personnel costs amounting to $62.20, and allowed the defendant a credit of $27 for depreciation in the value of the pole. It is upon these two items that the plaintiff appeals. As far as we can discern, this is a question of first impression in this state.
The measure of damages to property without market value is the reasonable cost of repairs necessary to restore it to its former condition. Whitman Hotel Corporation v. Elliot & Watrous Engineering Co., 137 Conn. 562, 573. The plaintiff’s assistant supervisor of plant accounting testified at the trial on how the overhead costs were set up on the plaintiff’s books and that such accounting practice was usual and recognized as proper. The method used by the plaintiff in determining the indirect costs of repairs was to use a percentage of the direct cost of labor and materials, which percentage was based on the actual experience of the plaintiff as to what such indirect costs were to the company over many years. The defendant offered no evidence showing
As to the allowance of depreciation, it seems to us that the true issue is whether the replacement of the pole did more than make the plaintiff whole or whether, if it did, it would be just to make the victim of the wrong contribute so much of the cost as would reflect that further benefit. In short, at least upon the record before us, we cannot say with reasonable assurance that the installation of a new pole did more than remedy the wrong done. An injured party should not be required to lay out money, as the defendant’s approach would require, upon a questionable assumption that one day its worth will be recaptured. Carolina Power & Light Co. v. Paul, 261 N.C. 710, 712; New Jersey Power & Light Co. v. Mabee, 41 N.J. 439. If the life of every pole was a certain number of years and if it
There is error, the judgment is set aside and the case is remanded with direction to render judgment for the plaintiff in the amount of $428.56.
In this opinion Kosicki and Dearington, Js., concurred.