Brobst v. Evans

Citations

• 35 Pa. Super. 610
• 1908 Pa. Super. LEXIS 90

Syllabus

<p>Trespass — Nuisance—Removal of nuisance — Damages—Evidence.</p> <p>In an action of trespass where the plaintiff sought to recover damages for injuries caused by an improper method of removing a cornice which overlapped defendant’s land, and which defendant had a right to remove, plaintiff offered evidence tending to show that the defendant had removed more of the cornice than he had a right to do, and that the defendant in doing the work had injured the plaintiff’s property to the extent of from $350 to $360. The defendant offered evidence that he had not removed more of the cornice than he had a right to, and that the injury to the building had not been caused by the removal of the cornice, but had been a previously existing condition. The jury returned a verdict of $50.00, indicating that they believed the plaintiff’s claim as to the cornice, but not as to the permanent injury. Held, that the verdict and the judgment thereon should be sustained.</p>