Legal Opinion
Boomer v. Atlantic Cement Co.
New York Court of Appeals
Decided March 4, 1970PublishedCited by 62 opinions
1Opinion of the CourtBergan, J.
Defendant operates a large cement plant near Albany. These are actions for injunction and damages by neighboring land owners alleging injury to property from dirt, smoke and vibration emanating from the plant. A nuisance has been found after trial, temporary damages have been allowed; but an injunction has been denied.
The public concern with air pollution arising from many sources in industry and in transportation is currently accorded ever wider recognition accompanied by a growing sense of responsibility in State and Federal Governments to control it. Cement plants are obvious sources of…
2Cases cited16 opinions
- United States v. CausbySupreme Court of the United States · 1946
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- City of Amarillo v. WareTexas Supreme Court · 1931
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
- Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
- Walgreen Company v. Sara Creek Property Company, B v. A/K/A Sara Creek Beta, and Phar-Mor CorporationCourt of Appeals for the Seventh Circuit · 1992
- Padilla v. LawrenceNew Mexico Court of Appeals · 1984
- Carpenter v. Double R Cattle Co., Inc.Idaho Supreme Court · 1985
57 more not listed; retrieve them via the Exa API.