DeFrank v. Sullivan Trail Coal Co.

Opinion by

Mr. Justice O’Brien,

This is an appeal by the plaintiffs, from judgment of compulsory nonsuit. Plaintiffs, August DeFrank and Clara DeFrank, his wife, own two buildings in the *514City of Hazleton, Pennsylvania, one of which was damaged by fire on February 24, 1962. The buildings were occupied by the Hazleton Sanitary Wipers, a trade name of August DeFrank’s business, whose merchandise and equipment was destroyed.

The appellee, Sullivan Trail Coal Co., was engaged in strip mining coal in the westerly section of the City of Hazleton, and in the course of its work, used explosives. Shortly…