Fischer v. Sanford

Citations

• 12 Pa. Super. 435
• 1900 Pa. Super. LEXIS 259

Syllabus

<p>Nuisance — Negligently constructed stable.</p> <p>The mere erection and maintenance of a livery stable on a city street is not a nuisance per se. It may, however, become a nuisance if negligently constructed or maintained. The burden of proving such negligence is upon the plaintiff, and, the evidence being conflicting, the question of negligence is properly for the jury.</p> <p>Measure of damages — Stable as a nuisance.</p> <p>The question of negligent construction or maintenance of a stable being established so as to render it a nuisance, the measure of damages is the extent of injury caused by defendant’s negligence. It is proper for the jury to take into consideration the difference of rental value of the'adjoining property before and after the negligent construction, also whether sickness in plaintiff’s family was caused by the defendant’s • negligence, as well as the cost and expense of moving from the premises, providing such moving was compelled by defendant’s negligence.</p>