Kerrigan v. Pardee

Citations

• 196 Pa. 642
• 46 A. 1030
• 1900 Pa. LEXIS 569

Syllabus

<p>Mines and mining — Contract—Custom—Evidence.</p> <p>In an action by a miner to recover for coal mined, the only direct evidence as to the contract was the testimony of defendant’s foreman that he told plaintiff and his “ buddy” to “ go in and take that breast.” Plaintiff gave no express testimony as to the terms of the contract and stated his claim to be for all the coal that came into the breast as the result of his blasting. Plaintiff worked for awhile on the breast, but was forced out by a “ squeeze.” Held, (1) that it was error to permit an expert to testify as to the quantity of coal in the solid breast, inasmuch as the breast had been previously mined, and plaintiff only claimed that coal loosened by his blasting had run in from the surrounding vein and filled the cavity; (2) that it was error to permit an expert to testify as to the custom of mining a breast by a car on the run as distinguished from driving coal by the lineal yard, there being no evidence whatever of a contract to mine “ on the run.”</p>