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Torts Keyed to Miller
Bradley v. American Smelting and Refining Co.
Citation:
104 Wash.2d 677, 709 P.2d 782 (1985)Facts
Bradley (Plaintiff) sued the American Smelting and Refining Co. (Defendant) for trespass from the deposit on Bradley’s property of microscopic, airborne particles of heavy metals which came from the defendant’s copper smelter. Bradley’s property was located approximately 4 miles from the copper smelter. Bradley acquired the property decades after the plant began its operations. Evidence at trial showed that certain harmful elements such as arsenic and cadmium were being emitted from the plant onto Bradley’s property, but there was no evidence of actual damages to the property.
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