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SMITH v. PITTSTON COMPANY

127 S.E.2d 79 (1962)

203 Va. 711

Ballard SMITH v. The PITTSTON COMPANY, a Corporation.

Supreme Court of Appeals of Virginia.

August 31, 1962.

Attorney(s) appearing for the Case

Brantley B. Griffith, Lebanon, Fred C. Parks, Abingdon, for plaintiff in error.

A. G. Lively, Lebanon, G. R. C. Stuart, Abingdon (Penn, Stuart & Stuart, Abingdon, on the brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, and CARRICO, JJ.

SPRATLEY, Justice.

This is an action brought by Ballard Smith, plaintiff, to recover of the Pittston Company, defendant, damages for injury resulting from the maintenance and operation of a coal preparation plant by the defendant. The motion for judgment alleged that defendant, in the operation of the plant, engaged in washing, crushing and processing coal, caused smoke, soot, dust, cinders, ashes, and other waste substances to be emitted from the smokestacks of the...

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