Bove v. Donner-Hanna Coke Corp.

In 1910, Antonia Bove (plaintiff) bought two lots in an already industrial and commercial part of Buffalo, building a house used as a grocery store, personal residence, and rental apartments. Donner-Hanna Coke Corporation (Donner-Hanna) (defendant) later opened a coke oven across the street that emitted steam, dust, and soot; by then, eight industrial plants already operated within a mile of Bove's property, and in 1925 the city zoned the area for industrial use, specifically permitting coke ovens. Bove sued for an injunction and damages, claiming the oven caused her headaches, harmed her family's health, and lowered her property's rental value. The trial court rejected her nuisance claim, and Bove appealed.