Zehner v. Shepp

Citations

• 54 Pa. Super. 529
• 1913 Pa. Super. LEXIS 99

Syllabus

<p>Waters — Deposit of coal dirt — Injury to water power — Evidence.</p> <p>1. In an action of trespass by a lower riparian owner against an upper riparian owner to recover damages for injuries to the plaintiff’s water power alleged to have been caused by the action of the defendant in depositing coal dirt in the stream, the defendant may prove that the plaintiffs in previous suits against defendant’s predecessor in title, had testified that the water power had been totally destroyed. Such evidence is admissible to contradict plaintiff’s testimony as to the damage which he had sustained by defendant’s action, and as bearing upon his credibility.</p> <p>2. In such an action the evidence bearing upon the deposit of the coal dirt must be confined to events subsequent to the date when the defendants began to operate their property. If the plaintiff offers no evidence to separate with any reasonable certainty the conditions existing at the time the defendants began to operate, and the conditions existing at the time of the trial, and cannot show by any books or accounts a loss in the operation of the mill, he cannot recover more than nominal damages.</p>