Wahrer v. Aldrich
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: Mabtikt L. Lueck, Circuit Judge. Action for damages and for a permanent injunction restraining the defendant, who operated a roller skating rink opposite plaintiff’s hotel, from causing or permitting noises usually attendant upon the operation of the rink.
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Appeal from a judgment of the circuit court for Wauke-sha county: Mabtikt L. Lueck, Circuit Judge. Action for damages and for a permanent injunction restraining the defendant, who operated a roller skating rink opposite plaintiff’s hotel, from causing or permitting noises usually attendant upon the operation of the rink. As facts the court found: (1) “That plaintiff is, and was at the times alleged in said complaint, the proprietor and manager of the Hotel Wau-kesha, a commercial hotel situated on the corner of Main street and Gaspar street in the city of Waukesha, Wisconsin, under a written…
1Opinion of the CourtVinje, J.
The plaintiff claims that the ninth finding of fact to the effect that the operation of the rink, as conducted by the defendant, was not physically annoying to any of the permanent residents of ordinary sensibilities in the neighborhood, is not sustained by the evidence. He further claims that upon the facts found by the court he was entitled to a permanent injunction as prayed for.
As would be expected in a case of this kind there is a wide range in the testimony regarding the volume of noise made by the rink. Some described it as very loud and annoying and others as nothing out of the…
2Cases cited4 opinions
- Powell v. Bentley & Gerwig Furniture Co.West Virginia Supreme Court · 1891
- McCann v. StrangWisconsin Supreme Court · 1897
- Acme Fertilizer Co. v. StateIndiana Court of Appeals · 1905
- Price v. GrantzSupreme Court of Pennsylvania · 1888
3Cited by4 opinions
- Cunningham v. MillerWisconsin Supreme Court · 1922
- Wasilewski v. BiedrzyckiWisconsin Supreme Court · 1923
- Schneider v. FROMM LABORATORIES, INC.Wisconsin Supreme Court · 1952
- Blake v. City of MadisonWisconsin Supreme Court · 1941