Delaware Optometric Corporation v. Sherwood

Wolcott, Justice:

This appeal presents the basic question of whether or not licensed optometrists may enjoin the practice of optometry by unlicensed persons. The Vice Chancellor on the motion of the defendants dismissed the complaint at the close of the plaintiffs' proof and from that judgment the plaintiffs have appealed.

The plaintiffs are a corporation containing as its members twenty-four out of a total of twenty-seven practicing optometrists in the State of Delaware and three individual licensed optometrists.

*225The defendants are opticians and are not licensed optometrists. They concede for…