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This section contains the nature of the case and procedural background.

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.

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