Torts Bradley v. American Smelting and Refining Co. Names of Parties: The Court: S.C. of WA Date: 1985 Cause of Action: Trespass Facts: The plaintiff owned land near the defendant’s copper smelter. Gases and particles from the smelter landed on the plaintiff’s land. The plaintiff sued for trespass to land as well as nuisance. Both parties filed for summary judgment. Differing Allegations (if any): Prior Procedural History: Rules: When airborne particles are transitory or quickly dissipated, they do not interfere with property owner's possessory rights and are properly denominated as nuisances, but when particles or substance accumulates on land and does not pass away, then trespass has occurred. Cause of action for trespassory invasion by airborne particles requires proof of actual and substantial damages for plaintiff to recover. If the intrusion interferes with right to property then it is a trespass. Issues: Can there be trespass when there is nothing that you can see. Courts Decision: Summary Judgment for the (D). Reasoning: These particles that no one could see could be considered a trespass but sine the (P) was unable to show that there were not any actual damages, there could not not eb trespass.