Commonwealth v. Glen Alden Corp.

Opinion by

Mr. Justice Cohen,

This is an appeal by the plaintiff, Commonwealth of Pennsylvania, from a judgment for defendants, Glen *59Alden Corporation and Pennsupreme Coal Company, entered on the basis of the defendants’ preliminary objections to the lower court’s equity jurisdiction.

The Commonwealth seeks an order requiring defendants to extinguish or remove burning coal refuse piles, allegedly maintained by them. The Commonwealth asserts that they are public nuisances because they release noxious gases which adversely affect the health and well-being of the residents of Ashley and Hanover…