McNay v. Gateway Coal Co.

RODGERS, S.J., specially presiding,

In this case, plaintiffs, John C. McNay and Kathy NcNay, his wife, áre seeking money damages from defendant, Gateway Coal Company, claiming that the mining activities of the Gateway Coal Company on adjoining land in 1982 severely impaired the quality and quantity of potable water from a water well on plaintiffs’ land which had served all domestic purposes of plaintiffs’ tenants, causing both of their tenants to move.

Defendant, Gateway Coal Company, claims it is entitled to summary judgment because plaintiffs have allegedly waived any money damages by reason…