Welsh v. Kerr Coal Co.

Citations

• 233 Pa. 341
• 82 A. 495
• 1912 Pa. LEXIS 827

Syllabus

<p>Mines and mining — Defective mining — Defective support — Negligence —Case for jury — Adjoining landowners.</p> <p>1. Where one takes the risk of injuring others to save trouble or expense to himself in the use or enjoyment of his property, he makes himself liable for any loss his conduct may inflict upon his neighbor.</p> <p>2. In an action against a coal company to recover damages for the destruction of a house and injury to land caused by a slide, the case is for the jury where expert witnesses for the plaintiff testify that the slide was due to the excessive weight of a tramway upon a surface weakened in texture and strength by the escape of mine water through it; that the defendant could have conducted the water in a harmless channel as was customary in such operations; that the tramway could have been fortified by artificial support at small expense; and other witnesses testify that no such thing as a slide had ever occurred at the locality until after the defendant had started mining operations.</p>