69 W. Va. 435 | W. Va. | 1911
'Hearn and Massie owned two houses, and McDonald was a contractor building a section of the Virginian or Deepwater Railroad. The line of the" road was on a hillside above the houses, and in blasting rock some of the rock were east upon the metal roofs of these houses, and did great damage to them, and Hearn and Massie brought suit against McDonald and recovered the sum of $110.35, $5.35 of it being interest, and McDonald has appealed to this Court.
The only point involved in the case is this: The plaintiff gave evidence showing what a néw roof for the house would cost, and gave no evidence to show what amount should be allowed for wear and tear of the roofs during the three or four years of their life, and claimed that a recovery of the cost of new roofs, without abatement for use and wear, is erroneous. The argument is that the recovery could be only for the value of the roofs at the time of their destruction; that it should have been shown what was the depreciation from the cost of new roofs owing to wear and tear; that from the cost of new roofs there should have been proven a specific sum for such wear and tear, and that deducted from the cost of new roofs; and on this
Therefore, we affirm the decree, as substantial justice has been done.
Affirmed.