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ADAMS v. CLEVELAND-CLIFFS IRON CO.

Docket No. 203481.

602 N.W.2d 215 (1999)

237 Mich. App. 51

David P. ADAMS, et al., Plaintiffs-Appellees, v. CLEVELAND-CLIFFS IRON COMPANY and Empire Mining Partnership, Defendants-Appellants.

Court of Appeals of Michigan.

Decided August 6, 1999, at 9:25 a.m.

Released for Publication November 2, 1999.

Attorney(s) appearing for the Case

Bridges and Bridges (by Caroline Bridges), Negaunee, for the plaintiffs.

Butzel Long (by John H. Dudley, Jr. and Ronald E. Reynolds), Detroit, and Richard M. Graybill, Ishpeming, for the defendants.

Before: WHITBECK, P.J., and MARKMAN and O'CONNELL, JJ.

O'CONNELL, J.

Defendants appeal as of right from a jury verdict awarding damages in trespass for invasions of plaintiffs' property by intrusions of dust, noise, and vibrations. The gravamen of this appeal presents the question whether Michigan recognizes a cause of action in trespass stemming from invasions of these intangible agents. No published decision of an appellate court of this state is directly on point. Because of the importance of this issue of first impression...

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