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Bradley v. American Smelting & Refining Co.

Washington Supreme Court

709 P.2d 782 (1985)

Facts

Microscopic gaseous particles from the American Smelting and Refining Company’s (ASARCO) (defendant) factory floated onto the property of Bradley and other nearby landowners (plaintiffs). The plaintiffs brought suit for trespass and nuisance. Both the plaintiffs and ASARCO filed a motion for summary judgment. The United States District Court for the Western District of Washington certified the case for the Supreme Court of Washington.

Rule of Law

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Issue

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Holding and Reasoning (Callow, J.)

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Questions and answers

Why is nuisance treated differently from trespass to land?

When someone places a tangible object on another land, even if it does no damage to land, I believe they are liable for trespass to land. Why doesn't the same thing apply to a nuisance claim if the particles invades the land of another but causes no harm?

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