Baughman v. American Telephone & Telegraph Co.

Gregory, Chief Justice:

These actions were commenced by 271 plaintiffs alleging various personal injuries and property damage caused by air and water pollution from appellant-respondent’s (Nassau’s) plant. The circuit court sua sponte consolidated all cases for a single non-jury trial by invoking an equitable remedy known as a bill of peace. Nassau appeals. The circuit court also dismissed with prejudice the claims of thirty-eight plaintiffs, eight of whom appeal. We reverse.

Nassau claims its right to a jury trial was violated by the order consolidating all claims for a single non-jury trial.…