Steele v. Rail & River Coal Co.

In the light of the foregoing testimony, the jury found, as above stated, for the defendant. It-is claimed, however, that the trial court erred in its instructions to the jury on the measure of damages; that the jury was instructed that the proper measure would be the market value of the property before and after the injury, and this upon the basis of a continuing nuisance. It is not believed that it would be necessary or profitable to discuss this issue at length in view of the opinion of Roberts, J., in the case of Wheeling & Lake Erie Coal Mining Co. v Kryta, where it is held that such…