boomer et al v atlantic cement co case brief

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". 436, and others which followed). Page 1 2 of 6 DOCUMENTS Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, 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. Ry. Meilak v. Atlantic Cement Co., 31 A D 2d 578. 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. 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. Appellants, v Atlantic Cement Comapny, Inc., Respondent. In this lesson, you will learn about the Boomer v. Atlantic Cement Company court case. Argued October 31, 1969. The case was one of the first and most influential instances of a court applying permanent damages. Boomer v. Atlantic Cement Co., 30 A D 2d 480, reversed. (And Five Other Actions.) The property owners sought damages and an injunction to close the plant. 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 See, also, 30 A D 2d 254. 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. 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 (And Five Other Actions. (And Five Other Actions. Oscar H. Boomer et al. 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. See, also, 30 A D 2d 254. In Boomer et al. ... 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. Charles J. Meilak et al., Appellants, v. 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