Muntz v. Cottage Hill Land Co.

Citations

• 222 Pa. 621
• 72 A. 247
• 1909 Pa. LEXIS 920

Syllabus

<p>Negligence — Flooding coal mine — Sinking well — Evidence—Case {or jury.</p> <p>In an action of trespass to recover damages for an alleged wrongful flooding of a coal mine, the case is for the jury, and a verdict and judgment for defendant will be sustained, where the evidence on one side tends to show that the damage was caused by the negligent way in which a water well was drilled by the defendant, while the evidence on the other side tends to show that the injury to the mine was caused by the failure of the plaintiff to leave sufficient pillars to support the roof.</p> <p>Evidence — -Rebuttal—Cumulative evidence.</p> <p>A judgment will not be reversed because the trial judge refused to admit certain evidence in rebuttal, where it appears that the subject to which the evidence related had been gone into very fully in chief, and that the rebuttal testimony would simply have been cumulative.</p>