Farver v. American Car & Foundry Co.

Citations

• 24 Pa. Super. 579
• 1904 Pa. Super. LEXIS 238

Syllabus

<p>Nuisance — Action of ■ trespass — Smoke and gas — Vibrations—Foundry plant — Province of court and fury. ■</p> <p>In an action of trespass against a corporation owning and operating an' extensive car and foundry plant the case is for the jury, and á verdict' and judgment-for plaintiff will be sustained, where the evidence though contradicted tends to show that large volumes of smoke, gas and sulphurous fumes were. carried into plaintiff’s dwelling house, thereby subjecting him and his family to great discomfort and distress; that the windows of the house had to be kept closed in hot weather; that the family were unable to use the porch; and that the operation.of steam hammers'caused a vibration of the house and disturbed the sleep of the occupants..... _</p> <p>It is not necessary for the plaintiff to show that the business Of the. defendant'was carried on recklessly or not properly managed. 1</p> <p>In such a case evidence that the members of plaintiff’s family were made ill or could not sleep, is properly admissible.</p> <p>The measure of damages is compensation for the injury to the reasonable use of the property, for the effect upon health and for actual physical discomfort, to be determined by the jury according to their best judgment and sound discretion.</p>