Pierce v. Lehigh Valley Coal Co.

Citations

• 232 Pa. 165
• 81 A. 141
• 1911 Pa. LEXIS 694

Syllabus

<p>Mines and mining — Deposit of culm — Damage to land.</p> <p>1. In an action by a landowner against the proprietor of a mining operation to recover damages for culm deposited on plaintiff’s land by a stream, where there is evidence that the culm in very large quantities was deposited on plaintiff’s land from the defendant’s mine, the plaintiff’s case is for the jury, although there may be evidence that culm from the mines of other owners was also deposited upon plaintiff’s land. In such a case it is for the jury to determine to what extent the culm deposited by the defendant in the stream damaged the plaintiff’s land.</p> <p>Appeals — Failure to assign errors.</p> <p>2. An appellant may not complain of a ruling by the court below sustaining objections to offers of proof where no exceptions are taken on the trial to such rulings and they are not assigned for error on the appeal.</p>