Bailey v. Mill Creek Coal Co.

Citations

• 20 Pa. Super. 186
• 1902 Pa. Super. LEXIS 204

Syllabus

<p>Waters — Deposit of culm in stream, — Permanent injury — Province of court and jury.</p> <p>In an action to recover damages for injury to property resulting from the raising of a bed of a stream by the deposit of coal dirt, a verdict-awarding a specified sum as permanent damages will be sustained, where all of the witnesses testify that at the time of the trial the quantity of coal dirt in the stream was much less than it was prior to a flood which had occurred six years before, and some of the witnesses for the plaintiff testify that the deposit had been generally decreasing, and that the creek was in pretty fair condition, but one of the witnesses for the plaintiff testified that in his opinion the bed of the creek at the time of the trial had become solidified, that the water did not have the same effect upon it since the floods had taken off two or three feet of the coal dirt, and that the floods had reduced it about as much as they would.</p> <p>Waters — Deposit of culm in stream — Injury to cellar — Evidence—Opinion of witness.</p> <p>In an action to recover damages for injuries to a cellar alleged to have been caused by the deposit of coal dirt in a stream on the plaintiff's premises, an opinion of a witness for the plaintiff as to the depreciation in the value of the property, should not be admitted where the witness is compelled to admit that he had no definite knowledge of the difference between the levels of the cellar and the stream.</p> <p>Practice, G. P. — Trial—Charge—Review.</p> <p>In an action to recover damages for injury to real property the appellate court will not review an alleged mistake of the trial court in summarizing the testimony of the witnesses as to the difference in rental value where the alleged mistake was not called to the trial court’s attention immediately after the charge.</p> <p>Trespass — Parlies—Husband and icife.</p> <p>In an action by a wife to recover damages for injury to real property, the court properly refuses a req