Opinion
December 17, 1964.
January 15, 1965.
Negligence — Blasting — Evidence — Sufficiency — Expert evidence.
In an action to recover damages for injury to plaintiffs' property allegedly caused by blasting conducted by defendants in a coal mining operation in the general area of plaintiffs' premises, in which it appeared that there was testimony that blasting occurred and thereafter there was insufficient water in plaintiffs' spring, and several cracks appeared in the foundation of the house; that there was no direct evidence to show the nature, location, and distance of blasting with respect to plaintiffs' premises, who did the blasting, and whether the blasting was the factor leading to the loss of water supply; and that there was no testimony on behalf of plaintiffs by experts; it was Held that the order of the court below refusing plaintiffs' motion to take off the nonsuit should be affirmed.
Before ERVIN, WRIGHT, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., and WOODSIDE, J., absent).
Appeal, No. 656, Oct. T., 1964, from order of Court of Common Pleas of Clearfield County, May T., 1962, No. 613, in case of Roy Augustine, Jr. et ux. v. E.M. Brown, Inc. et al. Order affirmed.
Same case in court below: 34 Pa. D. C. 2d 567.
Trespass for property damage. Before CHERRY, P.J.
Compulsory nonsuit entered; motion to take off nonsuit refused. Plaintiffs appealed.
F. Cortez Bell, Jr., with him Bell, Silberblatt Swoope, for appellants.
William U. Smith, for appellees.
Argued December 17, 1964.
The order of the Court of Common Pleas of Clearfield County is affirmed on the opinion of President Judge JOHN A. CHERRY for the court below, reported at 34 Pa. D. C. 2d 567.