Bradley v. American Smelting and Refining Co.
Supreme Court of Washington
709 P.2d 782 (Wash. 1985)
Relevant factsFree
Microscopic gaseous particles from ASARCO's (defendant) smelting factory drifted onto neighboring land owned by Bradley and others (plaintiffs), who sued for both trespass and nuisance. Both sides moved for summary judgment, and the federal district court certified the underlying legal question to the Washington Supreme Court.
IssueFree
Whether theories of trespass and nuisance may apply concurrently to the same conduct, including invisible particulate matter drifting onto a plaintiff's land.