Kramer v. Pittsburgh Coal Co.

Opinion by

Mr. Chief Justice Schaffer,

In this action of trespass, originally brought by the wife of appellant, and continued by him as her administrator, recovery is sought for alleged damage to properties belonging to her, caused by dust deposited on and in them, which, it is claimed, originated in, and was blown from, a coal cleaner used in connection with a mine owned and operated by defendant.

The suit was brought in December, 1933. It was not tried until six years later, in December, 1939. This long delay may have given rise to some of plaintiff’s difficulties, as no damage subsequent to…