245 Pa. 280 | Pa. | 1914
Opinion by
The plaintiff in this case is the owner of a lot of ground with a two-story frame house erected thereon, situated at New Castle, Schuylkill County; It appears from the
In the third assignment, it is alleged that the trial court erred in charging the jury with respect to the effect as evidence, of what they had personally seen while inspecting the premises. We do not feel however, that the comment of which complaint is made, necessarily went further than the acknowledged rule, which is, that the jury may make use of knowledge acquired by a view of the premises, for the purpose of enabling them better to understand the testimony of the witnesses, and to determine the relative weight of conflicting testimony as to the values. Without doubt they could use the evidence of their 'senses to that extent, at least. The amount of the verdict does not indicate that the jury ignored the testimony of the witnesses. Evidence offered upon behalf of plaintiff tended to show that the property before the injury was worth from $3,000.00 to $3,500.00 and afterwards was worth from $200.00 to $400.00. That indicated a minimum depreciation of $2,600.00, which was the amount of the verdict. Some of the estimates would have justified a larger award. We think the testimony was sufficient if credited, to support a finding by the jury that defendant was responsible for the injury to plaintiff’s land and buildings. In his general charge the trial judge, after using the language of which complaint is made in the third assignment, called the attention of the jury specifically to the testimony of the plaintiff’s witnesses as to the amount of damages. Defendant offered no evidence on this subject. In the fourth assignment of error counsel for appellant cites a portion of the charge which included a reference to the disturbance of vertical support of the property by blasting, and it is alleged by counsel, that the evidence does not support any claim for damages due to blasting by defendant. An examination of the record does show that dynamite was used for blasting in appellant’s mine, and there was testimony tending to show that this blasting disturbed
The assignments of error are all overruled and the judgment is affirmed,