Atlantic Cement Co. (Atlantic) (defendant) is a cement plant in the Hudson River valley. Its surrounding neighbors (Boomer) (plaintiffs) brought suit alleging that the pollution Atlantic produces as a byproduct of its operation is a nuisance and causes damage to the plaintiffs’ properties. Special term determined that this situation is a nuisance. Temporary damages were awarded, but an injunction was denied. The plaintiffs appealed to the Appellate Division, which upheld the special term’s ruling. The plaintiffs petitioned for certiorari to the Court of Appeals of New York.