Bradley v. American Smelting and Refining Co.

This comes before us on a certification from the United States District Court for the Western District of Washington. Plaintiffs, landowners on Vashon Island, had sued for damages in trespass and nuisance from the deposit on their property of microscopic, airborne particles of heavy metals which came from the American Smelting and Refining Company (ASARCO) copper smelter at Ruston, Washington.

The issues certified for answer are as follows:

1. Did the defendant have the requisite intent to commit intentional trespass as a matter of law?

2. Does an intentional deposit of microscopic particulates,…