MacDermot

The plaintiffs appeal from the judgment so far as it is against their claim set forth in the complaint, and the defendants Standard Portland Cement Company and cross-defendant L. F. Young each appeal from the judgment and from an order denying a motion for a new trial. By stipulation, all the appeals are presented on one transcript of the record. The plaintiffs’ appeal is numbered 7126 and those of said defendants are numbered 7298 on the register of this court.

The action was begun on March 29, 1904, Charles Main being the original plaintiff and Thomas R. Hayes, individually and as executor of the estate of C. B. Hayes, deceased, and Standard Portland Cement Company the original defendants. Main afterward died and his estate was distributed to Flora B. MacDermot, who was substituted as plaintiff. She also died and her estate was then distributed to the present plaintiffs, who have been duly substituted as plaintiffs in her stead. Thomas R. Hayes subsequently died and Mary B. Hayes, as his executrix and as administratrix with the will annexed of the estate of C. B. Hayes, deceased, has been duly substituted as defendant. The ease was tried prior to April, 1906, and the resulting…