136 P. 25 | Or. | 1913
delivered the opinion of the court.
As a preliminary, it may be stated that the court submitted to the jury the question of whether or not
The cardinal principle of damages is compensation, and the defendant would fulfill his whole duty to the plaintiffs in that respect if he paid such a sum as would fairly compensate them for the injury complained of. The restoration of the shingling, plastering, and other work would necessarily include the time involved in their installation, and that time would be all that would be necessarily lost by the plaintiffs. To allow them an additional item of $300 for loss of time would be to pay them twice for the same thing.
It remains to consider the appeal of the defendant Lewis-Wiley Hydraulic Company. At the close of plaintiffs’ case this defendant moved to enter judgment of nonsuit in its favor, on the grounds that the allegations against it had not been sustained by the evidence, that there was no testimony tending to show that it had participated in the explosion of any blast, particularly the one causing the injury complained of, and that no liability had been proven against it. The court overruled this motion. Later, at the close of the whole case, the defendant company moved for a directed verdict in its favor upon substantially the same grounds, and also because the testimony showed that A. L. MacLeod was an independent contractor in the prosecution of the work, over whom this defendant had no control.
Tbe judgment of tbe Circuit Court will be reversed for new trial as to the defendant MacLeod, with directions to dismiss the action as to the defendant Lewis-Wiley Hydraulic Company. Reversed.