EVANS v. MOFFAT et al.


192 Pa.Super. 204 (1960)

Evans v. Moffat et al., Appellants.

Superior Court of Pennsylvania.

May 4, 1960.


Attorney(s) appearing for the Case

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

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

Before RHODES, P.J., WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ. (GUNTHER, J., absent).


OPINION BY ERVIN, J., May 4, 1960:

The plaintiffs in these 25 cases sought damages for injury to their respective homes caused by noxious and foul smelling gases emanating from mine refuse dumps created and maintained by Moffat Coal Company, a copartnership (hereinafter called "Moffat"), in the vicinity of plaintiffs' properties. The cases were consolidated for trial in the court below, which sat without a jury...

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