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Wheat v. Freeman Coal Mining Corp.

Illinois Appellate Court
319 N.E. 290 (1974)

Written by Eric Miller, JD

Facts

The Freeman Coal Mining Corp. (Freeman) (defendant) commenced operations on land adjacent to a farm owned by Leon and Helen Wheat (plaintiffs). The Wheats alleged that Freeman’s operations caused coal dust and smoke to enter their property, contaminating their food and water supply, affecting their clothes and furniture, and damaging the exterior of their home. The Wheats brought suit and won judgment in trial court for $12,000. Freeman appealed. The Illinois Appellate Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Eberspacher, J.)

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