Rotert v. Peabody Coal Company

PRITCHARD, Presiding Judge.

Respondents recovered judgment against appellant for blasting damage and nuisance occurring during its strip coal mining operations adjacent to respondents’ dwelling which was upon a ten acre tract of land. Of the various issues presented the one most vigorously contended by the parties is the propriety of submitting the issues of punitive damages, respondent Elizabeth Rotert’s claim for emotional distress and resultant illness and her husband’s claim for loss of her consortium by reason of her illness, because as claimed by appellant, there was no evidence that its…