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KUTSCH et al. v. MILLER et al.

436 Pa. 392 (1970)

Kutsch et al., Appellants, v. Miller (et al., Appellant).

Supreme Court of Pennsylvania.

January 9, 1970.

Attorney(s) appearing for the Case

Lee C. McCandless, for plaintiff.

G. Donald Gerlach, with him John L. Wilson, and Reed, Smith, Shaw & McClay, for defendant.

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

OPINION BY MR. JUSTICE JONES, January 9, 1970:

The first of these two appeals1 presents the question of whether the owner of a deep bituminous mine, Bessemer and Lake Erie Railroad (Bessemer), may be held liable for the alleged negligent acts of its lessees, Sterling Coal Company (Sterling) and Clinton Coal Company (Clinton), which supposedly caused the flooding of an adjacent deep mine owned by...

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