Hoffman v. Berwind-White Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1919, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1915, No. 547, on verdict for plaintiff, in case of Samuel S. Hoffman v. Berwind-White Coal Mining Company. Trespass to recover damages for injuries to land 'by exhaustion of water supply from failure to afford adequate surface support. Before Stephens, P. J. Verdict and judgment for plaintiff for $14,000. Defendant appealed.
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Appeal, No. 91, Oct. T., 1919, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1915, No. 547, on verdict for plaintiff, in case of Samuel S. Hoffman v. Berwind-White Coal Mining Company. Trespass to recover damages for injuries to land 'by exhaustion of water supply from failure to afford adequate surface support. Before Stephens, P. J. Verdict and judgment for plaintiff for $14,000. Defendant appealed. Errors assigned were (1-5) various rulings on evidence and instructions.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff is the owner of a farm in Cambria County consisting of 206 acres divided into two tracts, one containing 158 acres, on which is located the farm buildings, and the other 48 acres; the two tracts being separated by a narrow strip of defendant’s land. Defendant owned the coal underlying plaintiff’s land with the duty of surface support. Plaintiff claims defendant in operating its mine failed to leave sufficient surface support, with the result that the surface settled and cracked, causing the loss of streams of water, springs and wells on plaintiff’s land,…
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