LUCAS et ux., v. FORD et al.


363 Pa. 153 (1949)

Lucas et ux., Appellants, v. Ford et al.

Supreme Court of Pennsylvania.

November 14, 1949.


Attorney(s) appearing for the Case

J.B.F. Rinehart, for appellants.

James W. Hawkins, with him Albert A. Sayers and Sayers & Hawkins, for appellees.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE DREW, November 14, 1949:

This bill in equity was filed by Herman T. Lucas and Viola, his wife, plaintiffs, to enjoin Ford and Gaskill, defendants, a partnership engaged in the coal mining business, from allowing dirt and foreign substance to be washed onto their property. The learned chancellor filed an adjudication and entered a decree nisi dismissing the bill. Exceptions to that adjudication were overruled and the decree was made final. Plaintiffs...

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