Rabe v. Shoenberger Coal Co.

Citations

• 213 Pa. 252
• 62 A. 854
• 1906 Pa. LEXIS 459

Syllabus

<p>Mines and mining — Surface support — Injuries to surface — Damages for permanent injuries.</p> <p>Where there is a permanent injury to real estate the extent of the damage caused thereby is to be measured by the resulting depreciation in the value of the property; and this rule applies not only where the injury to property is for public use, but also where the issue is between private persons.</p> <p>In an action of trespass by the owner of the surface of land against a mining company, which in mining the coal has failed to leave sufficient support for the surface, and has destroyed five springs, the measure of damages is the permanent depreciation of the value of the farm caused by the destruction of the springs. The springs cannot be valued as independent pieces of property, but as elements going to make the value of the farm as a whole.</p> <p>If, in such a case, it appears that the loss of one spring was supplied by piping water from another, the damage in so far as that particular one is concerned is the cost of piping.</p>