Alwine v. Valley Smokeless Coal Co.

Citations

• 271 Pa. 571
• 115 A. 882
• 1922 Pa. LEXIS 760

Syllabus

<p>Mines and mining — Surface support — Waters—Evidence—Case for jury.</p> <p>1. In an action to recover damages for the destruction of a spring alleged to have been caused by mining operations, the case is for the jury where plaintiff’s evidence, although contradicted, tends to show that the loss of the spring was caused by the removal of the coal under his land, and not from under adjoining land.</p> <p>Practice, G. P. — Trial—Evidence—Improper remarks of 'counsel —Withdrawal of juror — Appeal—Record.</p> <p>2. In an action for the destruction of water supply by mining operations, where defendant brings out that plaintiff had submitted claims against water companies for loss of water, it was not ■cause for withdrawal of a juror for plaintiff’s counsel to say to the jury that so far his client had recovered nothing from the water companies.</p> <p>3. Where an alleged statement of counsel is not brought upon the record and the trial judge has instructed the jury to disregard it, the appellate court cannot say that there was error in the trial judge refusing a request to withdraw a juror.</p>