boomer et al v atlantic cement co case brief

(And Five Other Actions. Co., 128 N. Y. Oscar H. Boomer et al. The case was one of the first and most influential instances of a court applying permanent damages. Boomer v. Atlantic Cement Co. Facts Property owners near a large cement plant seek injunction and damages for injury to property from dirt, smoke, and vibration emanating from the plant. Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Third Procedural History A nuisance has been found after trial, temporary damages have been allowed; but an injunction has been denied. The background of the case, the basis of the lawsuit, trial and rulings will be discussed. (And Five Other Actions. Boomer v. Atlantic Cement Co., 30 A D 2d 480, reversed. v. Atlantic Cement Company, the plaintiffs claimed that the dirt, smoke, and vibrations coming from the defendant’s cement plant caused injury to their property. Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent Prior History: Boomer v. Atlantic Cement Co., 30 A D 2d 480. SUMMARY Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Third Judicial Department, entered November 8, 1968 in the first In Boomer et al. ... some parallel to the conditioning of an injunction on the payment of permanent damages in the noted "elevated railway cases" ( Pappenheim v. Metropolitan El. Boomer v. Atlantic Cement Co. by Francis Bergan Opinion of the Court. Appellants, v Atlantic Cement Comapny, Inc., Respondent. Citation: 26 N.Y.2d 219, 309 N.Y.S.2d 312: Party Name: Boomer v. Atlantic Cement Co. Case Date: March 04, 1970: Court: New York Court of Appeals See, also, 30 A D 2d 254. Court of Appeals of the State of New York. In this lesson, you will learn about the Boomer v. Atlantic Cement Company court case. Legal Brief (Text calls it Legal Reasoning – Lawyers “brief” a case) Legal Environment of Business (Bus 246) Prof. D. Van Mierlo Title of the Action (Case name) Boomer et al. See, also, 30 A D 2d 254. Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. Ry. (And Five Other Actions.) Meilak v. Atlantic Cement Co., 31 A D 2d 578, reversed. The property owners sought damages and an injunction to close the plant. Boomer v. Atlantic Cement Co., was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. ); Charles J. Meilak et al., Appellants, v. CASE NAME: Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. ... Decided March 4, 1970 26 NY2d 219 CITE TITLE AS: Boomer v Atlantic Cement Co. [*222] OPINION OF ... some parallel to the conditioning of an injunction on the payment of permanent damages in the noted "elevated railway cases" (Pappenheim v. Metropolitan El. Meilak v. Atlantic Cement Co., 31 A D 2d 578. Argued October 31, 1969. Page 1 2 of 6 DOCUMENTS Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. 436, and others which followed). The Court of Appeals, in this case (Boomer v. Atlantic Cement Co. , 26 N.Y.2d 219 , 223), has rejected the latter, and the present court rejects any notion of punitive damages, since we do not see that the "wrong complained of is morally culpable, or is actuated by evil and reprehensible motives". Nuisance has been found after trial, temporary damages have been allowed ; but an injunction to close plant. Have been allowed ; but an injunction has been found after trial, temporary damages have been allowed ; an! J. Meilak et al., Appellants, v Atlantic Cement Company, Inc., Respondent basis! 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