This section contains the nature of the case and procedural background.

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.

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