Byrne v. Cambria & Clearfield Railway Co.

Citations

• 219 Pa. 217
• 68 A. 672
• 1908 Pa. LEXIS 547

Syllabus

<p>N egligence — W aters — Dam—Damages—Evidence.</p> <p>In an action against a railroad company to recover damages for injuries to a milldam alleged to have been caused by the construction of the railroad, a judgment for the plaintiff will be reversed where it appears that at the trial the only evidence of damages was that of two witnesses who were permitted to testify as to a lump sum for the amount of the damages, without giving any facts or items upon which their estimate was formed.</p> <p>The opinion of witnesses as to damages must not be speculative or conjectural, but must be based upon facts and conditions existing and proved. .</p>