Greeney v. Pennsylvania Water Co.

Citations

• 29 Pa. Super. 136
• 1905 Pa. Super. LEXIS 279

Syllabus

<p>Trespass — Pleading—Damages—Punitive damages — Waters.</p> <p>In an action of trespass to recover damages for injuries to real estate, it is not necessary for the plaintiff to set out in his declaration in so many words, that he claimed some or all of his damages as punitive. All that is required is that he make a case by his pleading and evidence which will entitle him to exemplary damages, for the wrong inflicted, in addition to those actually sustained.</p> <p>The rule that where the damages actually sustained did not necessarily result from the act complained of, they must be especially pleaded, is satisfied however when from the facts sustained, the law infers other sufficient facts, for whatever the law infers from a given state of facts, the adverse party is presumed to know and must be taken notice of, whether it is specially pleaded or not.</p> <p>Trespass — Waters—Damages—Punitive damages.</p> <p>It is the duty of the court to submit the question of the kind of damages that may be given to the jury, and if there be no evidence of aggravation or oppression, then simple compensation is the rule; but if there is sufficient evidence of such conduct it is proper to submit it to the jury for ascertainment of circumstances that constitute such oppression and aggravation. The facts may or may not satisfy the jury that exemplary damages should be given, but they alone can dispose of the evidence, if there be any on the subject.</p> <p>In an action against a water company to recover damages for injuries to land caused by water leaking from a reservoir, a verdict of punitive damages for plaintiff will be sustained, where the evidence tends to show that the reservoir had leaked from its construction, that some of plaintiff’s arable lands, pasture and crops had been destroyed or injured, and that the conduct of the company indicated that it considered it cheaper to pay the damages caused by the leaking reservoir and pipes than to be at the expense of reconstructing