Bodeneck v. Cater's Motor Freight System, Inc.

Plaintiffs, in their complaint, set forth two causes of action. In the first, they alleged that, commencing December 1, 1936, defendant Cater’s Motor Freight System, Inc. (hereinafter referred to as Cater), used premises adjoining an apartment house owned by plaintiffs, for the purpose of maintaining a depot for loading and unloading freight, and so used the premises as to constitute the same a nuisance, by making loud noises both day and night, by releasing from their motor vehicles noxious odors, and by causing the ground to shake and vibrate so that the windows in plaintiffs’ apartment…