MILLERS MUT. FIRE INS. v. WILDISH CONST.

(TC 82-4537-J-2) (CA A37930) (SC S33913, S34064).

758 P.2d 836 (1988)

306 Or. 102

THE MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, a Texas Corporation, Plaintiff, v. WILDISH CONSTRUCTION COMPANY, an Oregon Corporation, Petitioner/Cross-Respondent On Review, and Wayne F. Barnes and Cynthia G. Barnes, Husband and Wife, Respondents/Cross-Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided July 6, 1988.


Attorney(s) appearing for the Case

Michael H. Long, Eugene, argued the cause for petitioner/cross-respondent on review. With him on the petition was Flinn, Brown & Roseta, Eugene.

Sidney E. Ainsworth, Ashland, argued the cause for respondents/cross-petitioners on review. On the brief and response were Jack Davis and Davis, Ainsworth, Pinnock, Davis & Gilstrap, P.C., Ashland.


CAMPBELL, Justice.

This case involves a cross-claim filed by the defendants Barneses against the defendant Wildish Construction Company for damages caused to their residence by the construction company's blasting operations. At the close of the Barneses' case-in-chief the trial court allowed Wildish Construction's motion for a directed verdict on the grounds that the Barneses had not offered any proof under the proper measure...

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