Springer v. J. H. Somers Fuel Co.
Supreme Court of Pennsylvania
Springer v. J. H. Somers Fuel Co., 196 Pa. 156 (Pa. 1900)
46 A. 370; 1900 Pa. LEXIS 494
Brown, Fell, Green, McCollum, Mestrezat
Springer v. J. H. Somers Fuel Co.
Opinion of the Court
The learned court below instructed the jury that the plaintiff was entitled to nominal damages for the invasion of his right, and also to such further damages as would compensate him for any injuries which resulted from the wrong complained of. The right to recover vindictive damages was denied and this we think was the correct ruling on that subject. All the actual damage that the plaintiff sustained he could recover, but the case was not one for the allowance of vindictive damages. This rule was correctly stated and covers the whole of the contention.
Judgment affirmed.
Reference
- Full Case Name
- Springer v. J. H. Somers Fuel Company
- Cited By
- 5 cases
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- Published
- Syllabus
- Mines and mining— Trespass — Damages—Nominal damages. In an action of trespass by an owner of coal land from under which the coal has been removed against an owner of contiguous coal land, who has removed his coal through the entries under the plaintiff’s lands, nominal damages only can be recovered, where there is no evidence of actual injury.