Sorg v. Frederick

Citations

• 255 Pa. 617
• 100 A. 481
• 1917 Pa. LEXIS 505

Syllabus

<p>Trespass — Mines and mining — Injuries to mines — -Damages— Measure of damages — Punitive damages.</p> <p>1. A deed conveyed all the coal and other minerals “lying in and under the surface” of certain land, without liability “for any damage done to the surface of said described tract of land, in consequence of mining and working out said coal by the usual mode of working and mining the same,” and further conveyed to the grantee the “perpetual right and privilege of passing through and under said described tract of land with other coal and minerals.” After a part of the coal had been removed the then owner of the surface at the point where the entry into the mine was made diverted the waters of a stream into the mine, causing a cessation of the operations for a time; the lessees of the mine cleaned out the debris, which the water carried into the mine, and in an action of trespass sought to recover damages for the cessation of the operation of the mine and for the cost of cleaning out the debris. Defendants contended that the obstructions which plaintiffs had removed accumulated before the date of the lease to plaintiffs. Plaintiffs contended that they removed only the debris which accumulated after they took possession under their lease. The trial judge submitted the case to the jury, which found a verdict for plaintiffs upon which judgment was entered. Held, no error.</p> <p>2. Where, in such case, there were numerous acts of defendants of the same wrongful character, which were discussed by the trial judge, the fact that the court did not specifically repeat the measure of damages in discussing defendants’ sepárate acts was not material where the jury was plainly told that plaintiff could recover only for the costs of cleaning out so much of the debris as had been brought into the mine by defendant subsequent -to the time when plaintiffs took possession.</p> <p>3. Where there was evidence of repeated wrongful acts on the part of defendants, notwithstanding plai