Fuher v. Westmoreland Coal Co.

Citations

• 272 Pa. 14
• 116 A. 61
• 1922 Pa. LEXIS 766

Syllabus

<p>Evidence — Contradiction of witness by physical facts — Case for jury — Mines and mining — Unlawful mining of coal — Statement of claim — Damages—Act of May 8, 1878, P. L. 11$.</p> <p>1. Where the apparent weight of the evidence on a disputed fact is overwhelming, still, if there is countervailing evidence of it upon which the jury may make a finding, all the evidence must be for their consideration.</p> <p>2. Exceptions to this rule have been made in cases where testimony stands opposed to physical facts admitted, or the evidence thereof is of such conclusive and unimpeachable nature as to amount to an admission.</p> <p>3. While an appellate court may not be authorized to weigh evidence and pass upon disputed facts, it should use its judicial knowledge to bring about justice, and, where undisputed physical facts are clearly shown and it is demonstrated by the law of nature, by mathematics or the like that a finding is untrue and cannot be true, the appellate court is justified in reversing the trial court.</p> <p>4. In an action to recover damages for the unlawful mining of coal, where the only evidence for plaintiff is that of one witness who testified that he crossed into plaintiff’s land while mining coal for defendant, the ease must go to the jury, although such testimony was in conflict with defendant’s mine map.</p> <p>5. Where, in an action to recover damages for unlawful mining of coal, the statement as a whole claims compensation for the coal taken and damages to the overlying surface, although it specifically claims double and treble damages under the Act of May 8, 1876, P. L. 142, the statement is sufficient upon which to ground the action for compensation.</p>