Schofield v. Material Transit, Inc.

Marvel, Vice Chancellor:

By stipulation approved by the Court on September 16, 1959 the matters complained of in this action were narrowed to those charging the defendant, Material Transit, Inc., with maintaining an actionable nuisance. Thereafter, plaintiffs amended their complaint so as to couch it in the form of a class action for the benefit not only of plaintiffs but of other residents of Holloway Terrace similarly situated. Such amended complaint has been answered by Material Transit, Inc., which has also moved to dismiss. Such latter motion has been briefed and is now before the Court…