Szostak v. Chevrolet Motor Co.

Plaintiffs owned two adjoining lots, on each of which was a frame flat located one block from defendant’s forge plant. On the claim that drop hammers in the plant caused their buildings to vibrate and damaged them, and noxious fumes were emitted from the plant to their discomfort, plaintiffs commenced two actions against defendant in 1934. The declarations were identical as to allegations of nuisance and negligence and the suits differed only in the respect that in one the damages as to one building were claimed and in the other the damages as to the other building were claimed.

The action as…