West v. Jewett & Noonan Transp., Inc.

[¶ 1] The crux of this dispute on appeal is whether, when the defendant has caused a physical invasion of the plaintiff's property, the plaintiff must present evidence of a specific diminution in market value in order to successfully prove nuisance.

[¶ 2] Jewett and Noonan Transportation, Inc. (Jewett), appeals from a judgment of the Superior Court (Cumberland County, Horton, J. ) entered upon a jury verdict awarding Kathleen and Erik West (the Wests) compensatory damages in the amount of $490,000 on the Wests' claim of nuisance. Jewett contends that the trial court (1) erred when it denied…