River Queen Coal Company v. Mencer

MILLIKEN, 'Chief Justice.

This appeal is from a verdict and judgment awarding appellees, Anton Mencer and his wife Rena, $5,000 for damage to their home allegedly caused by the blasting operations of appellant, River Queen Coal Company, Inc., which strip mined coal in the area.

Before considering the contentions of the appellant, we shall summarize the circumstances which gave rise to the action. Since 1950 the appellees, the Mencers, have lived in a concrete block home which they built and own. Appellant, River Queen, is engaged in the strip mining of coal, an activity which requires the use…