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The court ruled that Michigan's law of trespass does not cover airborne particulate, noise, or vibrations, and that a complaint alleging damages resulting from these irritants normally sounds instead in nuisance. Recovery for nuisance requires proof of actual and substantial injury and balancing the disturbance complained of against the social utility of its cause. The court maintained the traditional elements of the tort of trespass to land to prevent confusion between trespass and nuisance. Recovery for trespass to land in Michigan requires proof of an unauthorized direct or immediate intrusion of a physical, tangible object onto land over which the plaintiff has a right of exclusive possession. Recovery in nuisance is possible if the quantity and character of the dust substantially interfere with the plaintiff's use and enjoyment of the land. The court reiterates the distinction between trespass and nuisance and the principle of presumed damages, which was not recognized in the jury instruction at issue.
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