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

Ps lived on a 37 1/2-acre farm. Ps' home was a small frame house with four rooms and an unfinished attic. There was no inside plumbing. Plaintiffs raised popcorn on the farm, had owned this tract since 1952, and lived on it up until 1966. D constructed a wall surrounding this pond by piling refuse from its mining operations along the side of the pond. Ps allege that the operations of D's mine caused large amounts of coal dust and smoke to come onto Ps' property. Ps allege that the smoke and dust were constant, heavy, and annoying, prohibiting them from doing their work at home or from opening their windows; that the dust interfered with their water supply and infested their food, clothing, and furniture; and that the dust damaged the exterior of their house, causing it to blacken. Ps allege that the operations of D's mine caused large amounts of coal dust and smoke to come onto Ps' property. Ps allege that the smoke and dust were constant, heavy, and annoying, prohibiting them from doing their work at home or from opening their windows; that the dust interfered with their water supply and infested their food, clothing, and furniture; and that the dust damaged the exterior of their house, causing it to blacken. At the close of the trial, D had moved for judgment on the evidence as a matter of law. It was denied. The jury rendered a verdict for Ps. D appealed. D claims that Ps' complaint was insufficient in alleging negligence or the count alleging nuisance.

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