ELR Citation: ELR 20182
No(s). s. 210, 211 (Pa. Jan 25, 1971)

Owner of coal cleaning plant that emits coal dust is not liable for damages in an action brought by owners of nearby homes, unless the invasion of property caused by the plant's emission of coal dust is both substantial and either intentional and unreasonable or unintentional and actionable, as negligent, reckless or ultrahazardous conduct. The record before the trial court, including the improvement in the plant's dust emission controls and the plant owner's promise to employ all known and economically feasible techniques to reduce emissions, supports the finding that the plant owner's conduct was not unreasonable.

Counsel for Plaintiffs:
F. Cortez Bell
Bell, Silberblatt & Swoope
5th Floor, Clearfield Trust Co. Building
Clearfield, PA 16830
(814) 765-5537

Counsel for Defendant:
David L. Baird
Baird, McComley & Miller
Mashannon Building
Philipsburg, PA 16866
(814) 342-2240

John R. Miller
Miller, Kistler, Lee & Campbell
Cridess Exchange Building
Bellefonte PA 16823
(814) 355-2616

Jones, J., did not participate in the consideration or decision of this case.

Cohen, J., did not participate in the decision of this case.