Muslera v. Patton Clay Manufacturing Co.

Opinion by

Mb. Justice Maxey,

Plaintiff brought an action in trespass against defendant company for damages for personal injuries resulting to him by reason of certain harmful gases emitted from certain mines. The mine located under the property of plaintiff was known as No. 3 Mine, and was operated by the Patton Clay Manufacturing Company until 1932, after which date the operation was discontinued. Subsequent thereto, there were cave-ins of this mine and these were filled or partially filled by defendant with hot ashes, hot coke, cinders, and hot bitten or waste pipe, which, it is alleged, set…