Fuoss v. Tipton Water Co.

Citations

• 251 Pa. 68
• 95 A. 934
• 1915 Pa. LEXIS 636

Syllabus

<p>Trials — Jurors—Disqualifications—Rulings of the trial judge.</p> <p>1. In the trial of an action against a corporation which was organized and operated for the benefit of a railroad company, a ruling of the trial judge that no employee of the railroad company was eligible to sit as a juror, was not reversible error, where it did not appear that any juror was challenged by the defendant, or that any employee of the railroad company was called as a juror, or that any such employee was on the jury panel.</p> <p>Practice, Supreme Court — Appeals—Assignments of error — De* fective assignments.</p> <p>2. Assignments of error complaining of the admission of expert testimony on the ground that the witnesses were not properly qualified, will be dismissed as defective, where they do not contain the preliminary examination of the witnesses as to their qualifications.</p> <p>3. Assignments of error complaining of the lower court’s refusal of defendant’s motion for a new trial, are defective where they do not set forth the motion or reasons for a new trial.</p> <p>Water companies — Eminent domain — IPater power — Interference —Measure of damages.</p> <p>4. While the measure of damages for interference with water power, where the real estate is untouched, is the value of the water power taken, yet where the parties have tried the case on the theory that the measure of damages was the difference in the market value of the property before and after the injury complained’ of, a verdict and judgment for plaintiff will not be reversed, especially where there is no assignment of error which raises the question of the proper measure of damages.</p> <p>5. In such case the court was not in error in excluding offers made by defendant to prove the condition of plaintiffs’ mill and water power at periods six and eight years after the trespass complained of, where there was no offer to show_ that the conditions at the times referred to in the offers, were the same as those which existed i