Hoffman v. Berwind-White Coal Mining Co.

Citations

• 265 Pa. 476
• 109 A. 234
• 1920 Pa. LEXIS 463

Syllabus

<p>Mines and mining — Surface support — Measure of damages— Punitive damages — Witnesses—Experts—Opinion of nonexperts— Harmless error — Appeals.</p> <p>1. In an action against a mining company to recover damages for injuries caused by failure to leave sufficient surface support, with resulting failure of water supply, the damages are measured by the difference between the market value of the land before and after the injury.</p> <p>2. In such a case where the court in its charge indicates the proper measure, a judgment for plaintiff will not be reversed, because witnesses were asked to give their opinion in regard to the “value” or “worth” of the land, before and after the injury, where it appears from the questions put to the witnesses that the terms were used in the sense of market values.</p> <p>3. Nor can defendant complain that the fixing of the time of the injuries from 1912 to 1914 was reversible error, because there was some evidence of a diminution of a spring in 1910 where it appears that the robbing of the mine of surface support, and the material destruction of the water supply, occurred during the period from 1912 to 1914, and that the cage was tried mainly on this theory.</p> <p>4. Anyone who is aware of the relative value of the property may testify as to damages, although no expert; but the appellate court will not reverse because the witnesses’ qualifications were not fully brought out where defendant was not denied opportunity to cross-examine before the testimony was given.</p> <p>5. Failure of the trial judge to charge in particular language as, to market value, in absence of request by counsel at the trial, is no ground for reversal, where the charge is not incorrect.</p> <p>6. Assignments of error to the action of the trial judge in permitting the jury to find punitive damages, will not be considered where the verdict of the jury shows that they did not include such damages.</p> <p>7. Where a claim for punitive damages for failure to afford su