Elliott Nursery Co. v. Duquesne Light Co.

Opinion by

Mr. Justice Schaffer,

Plaintiff operates an extensive nursery in Springdale, Allegheny County, adjacent to which the electric power plant of defendant is located. The nursery had been in existence for over twenty years before defendant’s works in question were established. Plaintiff avers that, following the beginning of their operation in the year 1921, excessive quantities of ashes, cinders, smoke, soot, and sulphur dioxide, the products of combustion of bituminous coal, which defendant burned to the extent of 1,500 tons per day, were deposited on its nursery and the vegetation…