Property Keyed to Chase
Adams v. Cleveland-Cliffs Iron Co.
Facts
Cleveland-Cliffs Iron Co. (defendant) operated Empire Mine 24 hours a day and produced 8 million tons of iron ore annually. The mine emitted vibrations, noise, odors and dust. Adams (plaintiff) and 54 other nearby homeowners brought suit for trespass and nuisance. The plaintiffs testified that the noise and vibrations from the blasts caused them to suffer shock, nervousness, and sleeplessness. A jury found that three of the 55 plaintiffs were not entitled to recover under either trespass or nuisance. After being instructed by the trial judge that trespass may include airborne particles, noise, or vibrations, the jury returned a verdict in favor of the 52 plaintiffs as to trespass and awarded damages. Cleveland-Cliffs appealed.
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