Folmar v. Elliot Coal Mining Co.

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 negl...