Winniford v. MacLeod
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by D. R. B. Winniford and R. H. Mays, doing business under tbe firm name and style of Winniford & Mays, against A. L. MacLeod and tbe Lewis-Wiley Hydraulic Company, a corporation, and owner of what is known as Westover Terrace, in Portland, Oregon.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by D. R. B. Winniford and R. H. Mays, doing business under tbe firm name and style of Winniford & Mays, against A. L. MacLeod and tbe Lewis-Wiley Hydraulic Company, a corporation, and owner of what is known as Westover Terrace, in Portland, Oregon. Tbe complaint recites an ordinance of tbe City of Portland forbidding tbe explosion of gunpowder or other like material in tbe city limits without first having received a permit from tbe city engineer. It says also that prior to tbe explosion complained of…
1Opinion of the CourtJustice Burnett
As a preliminary, it may be stated that the court submitted to the jury the question of whether or not *305the plaintiffs would he entitled to recover exemplary in addition to compensatory damages, and the jury found a verdict acquitting the defendants of that charge.
1. As to the defendant MacLeod, he complains of error in the court in giving the jury these instructions, to the effect that the plaintiffs would be entitled to recover not only what it would cost them to put the house back into the condition in which it was before the blast, but also for the loss of time occasioned by the blast,…
2Cases cited3 opinions
- Bonaparte v. WisemanCourt of Appeals of Maryland · 1899
- Falender v. BlackwellIndiana Court of Appeals · 1906
- Cameron v. OberlinIndiana Court of Appeals · 1897
3Cited by10 opinions
- Houston v. Co.Oregon Supreme Court · 1917
- Humphry v. PortlandOregon Supreme Court · 1916
- Mark v. STATE, DEPT. OF FISH AND WILDLIFECourt of Appeals of Oregon · 1999
- American Republic Insurance v. Union Fidelity Life InsuranceDistrict Court, D. Oregon · 1968
- Harvey v. CorbettOregon Supreme Court · 1915
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