WASCHAK V. MOFFAT 379 Pa. 441 (1954) CASE BRIEF

WASCHAK V. MOFFAT
379 Pa. 441 (1954)
NATURE OF THE CASE: This was an action in trespass for nuisance.
FACTS: P owned a dwelling, which was in the center of Pennsylvania's anthracite coal lands. D operated a local coal breaker and without fault by D, a gas known as hydrogen sulfide was emitted from two of D's culm banks. The gas discolored P's paint and the cost of restoring the home with a white titanium and zinc base was $1,200. Judgment was rendered and D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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