Cengage Advantage Books: Foundations of the Legal Environment of Business 2nd Edition by Marianne Jennings, Albert Napier, Marianne Jennings

Exercise 3

Peabody Mine No. 47 was located one-fourth mile from Walter Patterson's land. Mr. Patterson used his land for farming and operated on a low-maintenance schedule. His house had never been painted. Mr. Patterson said that gas, smoke, fumes, and dust traveled to his property, and he complained that his clothes turned black, his bedclothes were dusty, his food was covered in coal dust, and his throat and nostrils were affected. Mr. Patterson said that he was forced to sleep with the windows closed, even in the summer, to avoid blowing coal dust. The coal mine facilities operated 24 hours a day, six days each week. Does Mr. Patterson have any remedy? [ Patterson v. Peabody Coal Co., 122 N.E.2d 48 (Ill. 1954).]