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defendantdamagesappealwillpunitive damages
plaintiffdefendantdamagesappealtestimonywillpunitive damages

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Funk v. H. S. Kerbaugh, 222 Pa. 18, 70 A. 953

Facts

Isaac S. Funk brought an action against H. S. Kerbaugh, Incorporated for damages to his property resulting from the defendant's reckless blasting while constructing a railroad. The blasting occurred 1,100 feet from Funk's building, involving extensive excavation and the use of large amounts of dynamite. Despite Funk's complaints, the defendant continued to use heavy blasting methods that ultimately shattered and ruined his house and barn.

The testimony produced by the plaintiff tended to show that the work could have been done in the usual manner by lighter blasting without injury to his property; that the heavy blasting shattered and practically ruined his house and barn; that the use of heavy blasts was persisted in recklessly and defiantly for months notwithstanding his complaints.

Issue

The main question presented by this appeal is whether a recovery of punitive damages should have been allowed.

The main question presented by this appeal is whether a recovery of punitive damages should have been allowed.

Rule

Too great caution cannot be exercised in permitting the recovery of punitive damages for the willful or reckless act of a servant not authorized or approved by the master. The rule that permits a recovery in such cases is a harsh one, and the plainest principles of justice call for caution in its application.

Too great caution cannot be exercised in permitting the recovery of punitive damages for the willful or reckless act of a servant not authorized or approved by the master. The rule that permits a recovery in such cases is a harsh one, and the plainest principles of justice call for caution in its application.

Analysis

The court applied the rule regarding punitive damages by examining the actions of the defendant's superintendent, who directed the blasting operations with full knowledge of the potential damage to Funk's property. The court noted that the defendant's actions were taken in wanton disregard of Funk's rights, as they continued the heavy blasting despite complaints, indicating a preference for cheaper damages over responsible work practices.

Apparently they were done in wanton disregard of his rights, and because it was cheaper to pay damages for the injury they might cause than to do the work in a different way.

Conclusion

The court found no error in the record that called for a reversal and affirmed the judgment in favor of Funk.

We find no error in the record that calls for a reversal. The judgment is affirmed.

Who won?

Isaac S. Funk prevailed in the case because the court found that the defendant acted recklessly and with knowledge of the damage they were causing to his property.

The acts complained of were done by direction of the defendant's superintendent after notice and with full knowledge of the damage they were doing the plaintiff's property.

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