Torts Keyed to Henderson
Adams v. Cleveland-Cliffs Iron Co.
Facts
Plaintiffs are 55 homeowners, 52 of whom live near Empire Mine (an iron ore mine) in Marquette County. Defendants are Cleveland-Cliffs Iron Company and subsidiary Empire Iron Mining Partnership. Empire Mine’s blasting occurs three times every week throughout each year. Plaintiff homeowners sued Defendants for trespass and nuisance due to the dust, noise and vibrations caused by Empire Mine’s blasting and sought damages. Plaintiffs alleged that the dust caused damage to the interior and exterior of their homes and reduced the market value of some of the homes. Plaintiffs also alleged the noise/vibrations caused them to suffer from lack sleep, shock, and feelings of nervousness. The trial court instructed the jury on trespass as “an unauthorized intrusion into the lands of another,” including an intrusion by certain intangible objects, such as dust, noise, and vibrations. The trial court awarded damages in trespass to 52 of 55 Plaintiffs. Defendants appealed.
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