Alexander v. Conlon

Citations

• 72 Pa. Super. 1
• 1919 Pa. Super. LEXIS 230

Syllabus

<p>Mines and mining — Lateral support — Negligence.</p> <p>Negligence or want of due care in withdrawing lateral support, in excavating or mining adjoining lands for which there is liability for injury to a neighbor’s building, means positive negligence, or manifest want of due care in the mining operations, so far as they affect adjoining properties. In the absence of any evidence of such negligence there can be no recovery.</p> <p>Mines and mining — Lateral support — Injury to surface — Evidence — Nominal damages.</p> <p>In an action to recover damages for injuries to land caused by the subsidence of the surface, through alleged inadequate lateral support, the burden is on the plaintiff to give the jury some testimony, from which they could make a reasonable approximation of' the probable cost of restoration. Where there is not sufficient evidence before the jury to show the actual damages sustained, or the cost of restoring the land to its condition prior to the cave-in, only nominal damages can be recovered.</p>