165 P. 1004 | Or. | 1917
delivered the opinion of the court.
“The contractor shall at his own expense carefully protect from injury, trees, buildings, telephone, telegraph or light poles; water or gas pipes, conduits, drain culverts, or any other structures, public or private, which are encountered or affected by the work, and shall repair any damage done to the said structures, leaving them in as good condition as they were previous to this interference, and the contractor shall be liable for any damages or claims arising from his interference with said structures.”
Plaintiff has a property right in its mains, pipes and appliances, situate in the public streets, and this property right is entitled to protection: 20 Cyc. 1168.
“Plaintiff alleges that it is practicable for defendants to so dig said sewer ditch as not to injure plaintiff’s gas mains, services and property, and not to injure its business, and not to disturb or destroy its service to a large number of the people of the city of Portland, by properly bracing the sides of said ditch as the ditch is being dug and by being careful in its work in and around the services of plaintiff in said streets, the exact location of all of which services and gas mains defendants know and have been informed.”
The testimony of the defendant Giebisch also admits that it was possible for the defendants, by properly
We think that plaintiff is entitled to relief.
We think that plaintiff should have judgment for its claim, with the above modification. The decree will therefore be reversed and a judgment entered in favor of plaintiff for $1,242.91, and for the costs and disbursements in this court and in the Circuit Court.
Reversed. Judgment Entered.