homeowners’ property invaded by gas emitted from neighboring coal mine
How later courts described this case
- homeowners’ property invaded by gas emitted from neighboring coal mine
- adopting Section 822 to determine private nuisance liability
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Me. Justice Jones:
I dissent. The majority opinion works a denial of the plaintiffs’ right to a day in court on a material and crucial issue of fact.
On the majority’s ratio decidendi (which was broached for the first time by defendants’ counsel in the Superior Court and which that court rejected), the plaintiffs are at least entitled to an opportunity to litigate what has now become an essentially controlling issue of fact as to whether the defendants’ conduct which caused the damage was intentional.