Daniels v. Beryllium Corporation

FREEDMAN, District Judge.

Defendant has moved for complete or partial summary judgment under Rule 56. The question presented is the application of the statute of limitations to a so-called “continuing tort” by the defendant and the effect thereon of the plaintiffs’ definitive ascertainment of a resulting disease during the continuance of the tort.

Plaintiffs are the injured wife and her husband. The facts before us, drawn from the complaint and answer, and answers to interrogatories, are these: As a result of defendant’s contamination of the atmosphere in the vicinity of its manufacturing plant…