Brush v. Lehigh Valley Coal Co.

Opinion by

Mr. Justice Sadler,

Brush and wife, plaintiffs, are owners of a lot with buildings erected thereon, located on lowlands, approximately one hundred feet north of Water Street, in the Borough of Mount Carmel. Along the south side of the highway referred to runs Shamokin Creek, which rises some miles to the east, and ultimately enters the Susquehanna River at Sunbury. The Lehigh Valley Coal Company, defendant, owns a colliery on land adjoining the stream at a point one mile above the town, and, as a result of its operations, the water becomes permeated with coal dirt and other refuse.…