Reese v. Peoples Coal Co.

Citations

• 64 Pa. Super. 519
• 1916 Pa. Super. LEXIS 328

Syllabus

<p>Mines and mining—Negligence—Joint tort feasors—Amendment —Practice, O. P.</p> <p>Where in an action of trespass against a coal mining company and a railroad company to recover damages for injuries to surface from failure to furnish support, the record is amended by leave of the court, so as to omit the railroad company as a party defendant, a judgment may be subsequently entered on a verdict against the coal company alone.</p> <p>In such a case a statement averring damages for failure to furnish a “proper support” is sufficient to cover both lateral and vertical support as the company owes a common law duty to furnish both kinds of support.</p> <p>Practice, O. P.—General verdict—Special findings—Special verdid.</p> <p>The practice of having the jury make special findings in relation to a general verdict under a full charge, is not common in Pennsylvania, but it is one that may be claimed as a matter of right by either litigating party.</p> <p>A general verdict accompanied by answers to specific questions is not a special verdict.</p> <p>In an action to recover damages for injury to the surface because of failure to furnish both lateral and vertical support, where the court after a general charge submits to the jury the question whether their verdict is based (1) on the failure to furnish lateral support, or (2) whether it is based on failure to furnish vertical support or (3) whether it is basedon failure to furnish both kinds of support, and the jury negatives the first two questions and answers the third in the affirmative and gives a money verdict for plaintiff, the court commits no error in entering judgment on the verdict.</p>