Mahaffey v. New York Central & Hudson River Railroad

Citations

• 229 Pa. 285
• 78 A. 143
• 1910 Pa. LEXIS 583

Syllabus

<p>Negligence — Burning of woodland — Growing timber — Measure of damages — Reforestation—Harmless error — Evidence.</p> <p>1. In an action for damages for the negligent burning over of woodland covered with second growth timber ripening into marketable material, where the loss was entire and the realty was affected apart from the loss sustained in the destruction of what was presently marketable, the measure of damages is the difference in the value of the land before and after the fire.</p> <p>2. In such a case evidence to show cost of restoring land to its previous condition is inadmissible, but its admission is not ground for reversal where the estimate as stated by the witness manifestly did not prejudice defendant.</p> <p>3. Where the land burned over was part of a larger tract, and it appeared that the growth on the land burned was of the same character as that on the unburned portion, it is competent to introduce evidence as to the condition of the latter portion, for the purpose of showing what had been destroyed, and this is especially so where the jury are taken to the land and permitted to see the whole tract including the part not burned.</p>