Burkhardt v. American Steel & Wire Co.

Citations

• 74 Pa. Super. 437
• 1920 Pa. Super. LEXIS 171

Syllabus

<p>Trespass — Nuisance—Acid plant — Noxious fumes and vapors — Oase for jury.</p> <p>In an action of trespass against a Steel mill owning and operating an acid plant in connection with its other mills, the case is for the jury and a verdict and judgment for the plaintiff will he sustained, where evidence was produced to ; how that heavy noxious fumes and vapors resulted from the operation of the plant and that the dwelling of the plaintiffs was damaged and the health of the occupants impaired by the operation of the mills. Under such circumstances the causal relation between the emission of the fumes and vapors from the defendant’s mills, and the injuries to the plaintiff and her property were questions for the jury.</p> <p>Where the testimony disclosed plainly that a recurrence of the alleged cause was uniformly followed by results, deleterious to the plaintiff’s health and destructive of her property, it would be denying the common experience of men to say that an inference of causal relation between the two facts was but a mere guess or a vague conjecture.</p>