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EVANS v. MOFFAT

388 Pa. 559 (1957)

Evans v. Moffat, Appellant.

Supreme Court of Pennsylvania.

April 26, 1957.

Attorney(s) appearing for the Case

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

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

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, April 26, 1957:

The twenty-five separate actions in trespass here involved were instituted by the respective plaintiffs to recover damages for injury to their several properties allegedly caused by noxious fumes emanating from mine refuse dumps created and maintained by the defendant, Moffat Coal Company, a co-partnership, on land leased from Glen Alden Coal Company in the vicinity of the...

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