FOLMAR et al. v. ELLIOT C. MIN. CO., INC.


441 Pa. 592 (1971)

Folmar et al., Appellants, v. Elliot Coal Mining Company, Inc.

Supreme Court of Pennsylvania.

January 25, 1971.


Attorney(s) appearing for the Case

F. Cortez Bell, Sr., with him Bell, Silberblatt & Swoope, for appellants.

John R. Miller, with him David L. Baird, and Miller, Kistler, Lee & Campbell, and Baird, McCamley & Miller, for appellee.

Before BELL, C.J., COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE POMEROY, January 25, 1971:

These are suits in trespass to recover damages for injury to plaintiffs' property allegedly caused by air pollution attributable to defendant's operation of its coal-cleaning plant.1 The trial court by its verdict found for the defendant in both cases and, as provided by Pa. R.C.P. Rule 1048, supported its verdict with findings of fact and conclusions of law. Plaintiffs' exceptions

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