Page 1 2 of 6 DOCUMENTS Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. Argued October 31, 1969. The background of the case, the basis of the lawsuit, trial and rulings will be discussed. Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent Prior History: Boomer v. Atlantic Cement Co., 30 A D 2d 480. Boomer v. Atlantic Cement Co., 30 A D 2d 480, reversed. The case was one of the first and most influential instances of a court applying permanent damages. Meilak v. Atlantic Cement Co., 31 A D 2d 578, reversed. ... some parallel to the conditioning of an injunction on the payment of permanent damages in the noted "elevated railway cases" ( Pappenheim v. Metropolitan El. Oscar H. Boomer et al. In Boomer et al. (And Five Other Actions. Appellants, v Atlantic Cement Comapny, Inc., Respondent. Co., 128 N. Y. 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. Procedural History A nuisance has been found after trial, temporary damages have been allowed; but an injunction has been denied. (And Five Other Actions. Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. See, also, 30 A D 2d 254. See, also, 30 A D 2d 254. 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 The property owners sought damages and an injunction to close the plant. 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. 436, and others which followed). Ry. 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. 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. Charles J. Meilak 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 CASE NAME: Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. Meilak v. Atlantic Cement Co., 31 A D 2d 578. Boomer v. Atlantic Cement Co. by Francis Bergan Opinion of the Court. Court of Appeals of the State of New York. In this lesson, you will learn about the Boomer v. Atlantic Cement Company court case. (And Five Other Actions.) ); Charles J. Meilak et al., Appellants, v. 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". ... 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. Appeals, by permission of the Court of Appeals, from orders of the Appellate Division of the Supreme Court in the Third 2 of 6 DOCUMENTS Oscar H. Boomer et al History A nuisance has been found after trial, damages... Appellate Division of the first and most influential instances of A court applying permanent damages, reversed court the. 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