ESCOBAR V. CONTINENTAL BAKING COMPANY
596 N.E.2d 394 (1992)
NATURE OF THE CASE: Continental (D) appealed a judgment which denied injunctive relief
but awarded damages to Escobar (P) in their suit brought to enjoin nighttime (early morning)
deliveries to the site.
FACTS: P purchased a house on Purchase Street in New Bedford adjacent to land on which D
operates a bakery distribution center. Some deliveries occur between the hours of midnight
and 7:00 a.m. P brought this action to enjoin the nighttime (early morning) deliveries to
the site. The Superior Court denied injunctive relief, finding that the utility of D's
conduct far outweighed the harm to P. The court awarded $36,000 in damages, not for the
diminution in value of P's property, as none was shown, but for the 'nuisance which has
affected their sleep.' The award was to compensate them 'for all past, present and future
damages they are likely to undergo.' D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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