Adams v. Cleveland-Cliffs Iron Co.

Cleveland-Cliffs Iron Co., and its subsidiary Empire Iron Mining Partnership, operate The Empire Mine in the village of Palmer in Marquette County, Michigan. Fifty-two of fifty-five plaintiffs, lived near the mine. The mine engaged in regular blasting operations weekly, and extraction and processing of the iron ore generated lots of airborne dust. The plaintiffs complained that the operation of The Empire Mine sent tremors through their property, and that the defendant’s dust accumulated inside and outside their houses. The plaintiffs had to replace carpet and drapes, replace windows, and suffer plumbing leaks, and other harms. Also, plaintiffs complained that the noise and vibrations caused them to suffer from shock, nervousness, and sleeplessness. Lastly, they complained that these conditions diminished the value of their homes. The plaintiffs sued for trespass and nuisance. At trial, the trial judge instructed the jury that a right to recover damages for trespass is proper if any damages were caused by the trespass and that a landowner who causes emissions, dust, vibration, or noise onto the property of another could be liable for trespass. The jury returned a verdict in favor of the plaintiffs for the trespass claim but was unable to agree on a verdict for the nuisance claim.