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YANIA v. BIGAN

397 Pa. 316 (1959)

Yania, Appellant, v. Bigan.

Supreme Court of Pennsylvania.

November 9, 1959.

Attorney(s) appearing for the Case

Archibald M. Matthews, for appellant.

Taylor B. Coffroth, for appellee.

Before JONES, C.J., BELL, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, November 9, 1959:

A bizarre and most unusual circumstance provides the background of this appeal.

On September 25, 1957 John E. Bigan was engaged in a coal strip-mining operation in Shade Township, Somerset County. On the property being stripped were large cuts or trenches created by Bigan when he removed the earthen overburden for the purpose of removing the coal underneath...

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