Bradley v. Am. Smelting and Refining Co.
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
|Bradley v. Am. Smelting and Refining Co.|
|Court||Supreme Court of Washington|
|Citation||104 Wash. 2d 677|
709 P.2d 782
Plaintiffs claimed that microscopic, airborne particles of heavy metals had come from the defendant‘s copper smelter, and landed on their property some 4 miles away. As a part of the industrial process various gasses and particulate matter are emitted, however these cannot be detected by the human senses.
Plaintiffs had sued for damages in trespass and nuisance. The parties had filed cross motions for summary judgment with the trial court judge.
- Whether a trespass can exist as a direct invasion when the physical invading thing is unseen to the human eye.
- Whether actual and substantial damage to the property itself must be proven in order to establish a trespass claim.
A trespass can exist as a direct invasion when the force is just as real if it is chemical in nature and must be awakened by the intervention of another agency before it does harm.One who cannot show that actual and substantial damages have been suffered should be subject to dismissal of his cause.