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WASCHAK v. MOFFAT

379 Pa. 441 (1954)

Waschak v. Moffat, Appellant.

Supreme Court of Pennsylvania.

November 8, 1954.

Attorney(s) appearing for the Case

Bernard G. Segal, with him Edward W. Mullinix, Matthew D. Mackie, J. Hayden Oliver, Wm. A. Schnader, Welles & Mackie and Schnader, Harrison, Segal & Lewis, for appellants.

Raymond T. Law, with him Will Leach and John R. Lenahan, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, November 8, 1954:

The appeal is from a judgment of the Superior Court refusing to enter judgment non obstante veredicto for defendants in an action in trespass and affirming the judgment of the Court of Common Pleas of Lackawanna County in favor of plaintiffs.

Gas or fumes from culm banks, the refuse of a coal breaker, damaged the paint on plaintiffs' dwelling. In this...

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