Ganster v. Metropolitan Electric Co.

Citations

• 214 Pa. 628
• 64 A. 91
• 1906 Pa. LEXIS 712

Syllabus

<p>Corporations — Electric light company — Operation of plant — Nuisance— Damages.</p> <p>An owner of a building adjoining an electric light plant may recover damages from the electric light company for the operation of its works in such way as to create a nuisance resulting in injury to plaintiff’s tenement.</p> <p>In the absence of authority conferred by its charter a corporation will not be relieved from liability for specific injury to private property resulting'from the exercise of its corporate powers. In this respect a corporation occupies the same position and is responsible for its injurious acts to the same extent that a natural person is.</p> <p>If the annoyance or damage arising from a nuisance is such as to destroy or substantially impair the legitimate use or enjoyment of private property and'so amount to a'taking, the person injured is entitled to recover notwithstanding the fact that the defendant company-possesses the power of eminent domain.</p> <p>No person’s property can be taken, injured or destroyed without compensation and a corporation can only injure or destroy property when it possesses the power conferred by the state and exercises -that power in the manner provided by the statute.</p> <p>A second action for nuisance may be maintained where there is a continuing nuisance.</p> <p>' Punitive or exemplary damages may be recovered in a second or subsequent suit for the continuance of a private nuisance. It is the duty of the defendant to abate the nuisance after the recovery of- a judgment in the first action, and if he fails to do so and continues it, it aggravates the injury and enlarges the damages which may be recovered in the second action.</p>