Prindle & Co. v. Kountz Bros.

Citations

• 15 Pa. Super. 258
• 1900 Pa. Super. LEXIS 336

Syllabus

<p>Province of court and jury — Charge of court — Assumption of material fact by the court.</p> <p>It is error for the trial judge to withhold from the jury the determination of a material fact, although the evidence certainly would have warranted the finding of fact as assumed by the court.</p> <p>Gas well — Contract to drill and case well— Questionfor jury.</p> <p>Where the effect of a contract was to require plaintiffs to case the well and shut off all water which came in above any known gas-bearing sand before drilling into that stratum, and after all known gas-bearing sand had been passed to continue the drilling until the contract depth had been reached, but in case of discovery of a new gas-bearing sand to recase the well so as to shut off all water coming in above the newly discovered sand, the question is for the jury whether the last known gas-bearing sand had been passed when the plaintiff ceased work because of the refusal of defendants to pay without casing the well below that sand, and before the contract depth was reached, water having come in.</p>