McGroarty v. Lehigh Valley Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 269, Jan. T. 1904, by defendant, from judgment of C. P. Luzerne Co., May T., 1902, No. 42, on verdict for plaintiff in case of Mary A. McGroarty v. Lehigh Valley Coal Company. Trespass to recover damages for injuries to land caused by flooding from a coal washery.
Read the full summary
Appeal, No. 269, Jan. T. 1904, by defendant, from judgment of C. P. Luzerne Co., May T., 1902, No. 42, on verdict for plaintiff in case of Mary A. McGroarty v. Lehigh Valley Coal Company. Trespass to recover damages for injuries to land caused by flooding from a coal washery. Before Fereis, J. The plaintiff called a number of witnesses as to value, who qualified by stating that they were familiar with the value of lands in the neighborhood, knew the particular land in question, of the character of the injury done to it, and of its availability for building purposes. Verdict and judgment for…
1Opinion of the Court
Pee Curiam,
The witnesses whose testimony was received as to the value of the land, its availability for sale for building purposes and *54the extent of the damage inflicted by the ovez-flow from appellant’s premises, all had such knowledge of the subject as could be fairly expected as to such matters in that neighborhood. The value of their testimony was for the jury.
The fact that the land had never been plotted or put in the market for building lote, though it should have made the jury shy of that element of the damages claimed, did not of itself make its availability for that purpose…
2Cases cited2 opinions
- Gearhart v. Clear Spring Water Co.Supreme Court of Pennsylvania · 1902
- Reiber v. Butler & Pittsburg RailroadSupreme Court of Pennsylvania · 1901
3Cited by2 opinions
- Idaho Farm Development Co. v. BrackettIdaho Supreme Court · 1923
- Brown v. Forest Water Co.Supreme Court of Pennsylvania · 1906