Consolidation Coal Co. v. Mann

Opinion op the Court by

Yan Sant, Commissioner

Reversing.

In the year 1936 appellant, Consolidation Coal Company, commenced dumping refuse, coal, slate, debris, and track cleanings, at the entrance of one of its mines at the mouth of the W. E. Porter Hollow in Johnson County. In March of 1941 the materials in the heart of the dump were ignited by spontaneous combustion, and smoke began to percolate through the surface of the dump. In May of that year the fumes were escaping in such quantities as to travel a distance of 2,770 feet “as the crow flies,” and pollute the air in and around the…