Evans v. MOFFAT

Opinion by

Ervin, J.,

The plaintiffs in these 25$ cases sought damages for injury to their respective homes caused by noxious and foul smelling gases emanating from mine refuse dumps created and maintained by Moffat Coal Company, a co-partnership (hereinafter called “Moffat”), in the vicinity of plaintiffs’ properties. The cases were consolidated for trial in the court below, which sat without a jury under an express agreement of submission by counsel, in accordance with the provisions of the Act of April 22, 1874, P. L. 109, as amended, 12 PS §688 et seq. A companion case, Waschak v. Moffat,…