Dalton v. Demos Bros. General Contractors, Inc.
Dalton v. Demos Bros. General Contractors, Inc.
Opinion of the Court
This is an action to recover damages for injury to the plaintiffs’ house in Melrose resulting from the negligence of the defendant in blasting rocks during its construction of a trench for the metropolitan district commission. There was evidence that there were at least twenty-five blasts continuing regularly through June, July, August, September, and October, 1949. Damage to the ceiling of the plaintiffs’ sun porch was first noticed early in June. A crack appeared in the west wall and during the summer plaster seeped down in all the rooms of the house except the bathroom and kitchen.
In the absence of negligence a person carrying on blasting
Blasting operations were continued after October 27. The plaintiff Douglas B. S. Dalton, who owned the property jointly with his wife, testified that the fair market value of the house before the blasting started was $22,000 and after was $17,000. There was evidence that it would cost $1,400 to repair all the damage to the house from the blasting. A motion by the defendant for a directed verdict was denied subject to its exception, and the jury returned a verdict for the plaintiffs in the amount of $1,000.
It is the contention of the defendant that a finding of the damage caused by the one negligent blast could only be based on surmise and conjecture and that it was entitled to a directed verdict.
It is of course true that damages must be reasonably ascertainable from the evidence. Gagnon v. Sperry & Hutchinson Co. 206 Mass. 547, 556. Burnham v. Dowd, 217 Mass. 351, 360. Birch v. Boston & Maine Railroad, 259 Mass. 528, 531. But the fact that there is an element of uncertainty in their assessment is not a bar to recovery. H. D. Watts Co. v. American Bond & Mortgage Co. 267 Mass. 541,
In the present case the jury were furnished with enough evidence of the specific damage caused by the single negligent blast to enable them, with their knowledge of practical affairs, to measure its probable extent. See Cross v. Sharaffa, 281 Mass. 329, 331. According to the evidence, the cost of restoration, which included the total cost of the repairs required because of the damage from all df the blasting, was less than the difference between the respective values of the house before and after the blasting and could be found to be a fair measure of the plaintiffs’ total damage. Childs v. O’Leary, 174 Mass. 111, 116. We think that the evidence as to the physical damage caused by the negligent blast compared to that caused by the rest of the blasting was sufficient to enable the jury to determine with reasonable accuracy the proportion of the expense of restoration which should properly be assessed against the defendant.
There was no error in submitting the case to the jury.
Exceptions overruled.
Reference
- Full Case Name
- Douglas B. S. Dalton & another v. Demos Brothers General Contractors, Incorporated
- Cited By
- 3 cases
- Status
- Published