Commonwealth v. Barnes & Tucker Co.

Opinion by

President Judge Bowman,

In reversing this Court and remanding the case to us for further proceedings consistent with its opinion, Commonweath v. Barnes & Tucker Company, 455 Pa. 392, 319 A.2d 871 (1974), the Supreme Court in our analysis of its opinion, has unequivocally declared:(1) that the discharge of acid mine drainage from Mine No. 15 into the waters of the Commonwealth constitutes a public nuisance at common law as well as under the applicable statutory law, and that relief could be granted under either of these theories.(2) that the absence of facts supporting concepts of…