Waschak v. Moffat
Supreme Court of Pennsylvania
109 A.2d 310 (1954)
Relevant factsFree
Waschak (plaintiff) lived in Pennsylvania's anthracite coal region, where hydrogen sulfide gas from Moffat's (defendant) nearby culm banks -- waste byproduct piles from coal processing -- turned the white paint on Waschak's home black; the trial court instructed the jury it could impose absolute liability simply upon finding Moffat's conduct unreasonable, and the jury found for Waschak, with the judgment affirmed on intermediate appeal before Moffat's further appeal.
IssueFree
Whether liability in nuisance may be imposed on a defendant whose conduct unintentionally caused the plaintiff's injury when the defendant's conduct outweighs the gravity of the harm caused.