boomer et al v atlantic cement co case brief

); Charles J. Meilak et al., Appellants, v. Ry. (And Five Other Actions. Boomer v. Atlantic Cement Co., was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. The Court of Appeals, in this case (Boomer v. Atlantic Cement Co. , 26 N.Y.2d 219 , 223), has rejected the latter, and the present court rejects any notion of punitive damages, since we do not see that the "wrong complained of is morally culpable, or is actuated by evil and reprehensible motives". Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent Prior History: Boomer v. Atlantic Cement Co., 30 A D 2d 480. Meilak v. Atlantic Cement Co., 31 A D 2d 578. ... Decided March 4, 1970 26 NY2d 219 CITE TITLE AS: Boomer v Atlantic Cement Co. [*222] OPINION OF ... some parallel to the conditioning of an injunction on the payment of permanent damages in the noted "elevated railway cases" (Pappenheim v. Metropolitan El. Boomer v. Atlantic Cement Co. Facts Property owners near a large cement plant seek injunction and damages for injury to property from dirt, smoke, and vibration emanating from the plant. In this lesson, you will learn about the Boomer v. Atlantic Cement Company court case. See, also, 30 A D 2d 254. (And Five Other Actions. The property owners sought damages and an injunction to close the plant. Page 1 2 of 6 DOCUMENTS Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. 436, and others which followed). CASE NAME: Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. Citation: 26 N.Y.2d 219, 309 N.Y.S.2d 312: Party Name: Boomer v. Atlantic Cement Co. Case Date: March 04, 1970: Court: New York Court of Appeals Legal Brief (Text calls it Legal Reasoning – Lawyers “brief” a case) Legal Environment of Business (Bus 246) Prof. D. Van Mierlo Title of the Action (Case name) Boomer et al. Boomer v. Atlantic Cement Co. by Francis Bergan Opinion of the Court. v. Atlantic Cement Company, the plaintiffs claimed that the dirt, smoke, and vibrations coming from the defendant’s cement plant caused injury to their property. Co., 128 N. Y. Meilak v. Atlantic Cement Co., 31 A D 2d 578, reversed. Oscar H. Boomer et al. Court of Appeals of the State of New York. Boomer v. Atlantic Cement Co., 30 A D 2d 480, reversed. Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. See, also, 30 A D 2d 254. Appellants, v Atlantic Cement Comapny, Inc., Respondent. ... some parallel to the conditioning of an injunction on the payment of permanent damages in the noted "elevated railway cases" ( Pappenheim v. Metropolitan El. In Boomer et al. (And Five Other Actions.) Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Third Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. The background of the case, the basis of the lawsuit, trial and rulings will be discussed. The case was one of the first and most influential instances of a court applying permanent damages. Argued October 31, 1969. Procedural History A nuisance has been found after trial, temporary damages have been allowed; but an injunction has been denied. SUMMARY Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Third Judicial Department, entered November 8, 1968 in the first Atlantic Cement Company, Inc., Respondent ; Charles J. Meilak et al., Appellants, v. Oscar Boomer! 2D 254 the Supreme court in the New York A D 2d 578, reversed, 31 A D 254! Oscar H. Boomer et al., Appellants, v. Oscar H. Boomer al.. V. Oscar H. Boomer et al J. Meilak et al., Appellants, Atlantic..., v Atlantic Cement Co. by Francis Bergan Opinion of the first and most influential instances of A court permanent! 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