Frank v. Vulcan Materials Co.

This cause is before us on appeal from a final order of the Erie County Court of Common Pleas. The trial court’s judgment conformed to the jury’s verdict which found all issues in favor of defendant-appellee, the Vulcan Materials Company, and against plaintiffs-appellants, Richard Frank et al. In the proceedings below, appellants represented a class of plaintiffs that resided near appellee’s secondary aluminum processing plant. Appellants alleged at trial that appellee’s operation of its plant rendered ap-pellee liable to the class for trespass and nuisance. In this action, all testimonial…