McCann v. Strang
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Richland county: O. B. WtMAN, Judge. Action to enjoin the operation of an electric light plant upon the ground that it constituted a nuisance in that it was-located so near lands owned and occupied by plaintiffs as a home, and was operated in such a way as to create so much, noise from the motions of the machinery, and so much smoko from the burning of large quantities of soft coal to generate steam power, and so filled the air…
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Appeal from a judgment of the circuit court for Richland county: O. B. WtMAN, Judge. Action to enjoin the operation of an electric light plant upon the ground that it constituted a nuisance in that it was-located so near lands owned and occupied by plaintiffs as a home, and was operated in such a way as to create so much, noise from the motions of the machinery, and so much smoko from the burning of large quantities of soft coal to generate steam power, and so filled the air with noxious vapors, cinders, and soot, as to render such home, which was situated immediately across the street from…
1Opinion of the Court
MaRshaul, J".
It is well settled that a lawful trade may, by reason of its being carried on at unusual hours or in close proximity to a dwelling house, by reason of noise and other incidents of it, constitute a nuisance and be subject to be abated as such by a court of equity at the suit of the owner of such dwelling house. The real test, it is said, whether a noisy trade is a nuisance in a particular locality and- to a particular person in the enjoyment of his property, is whether it is of such a character as would be likely to be physically annoying to a person of ordinary sensibilities, or…
2Cases cited7 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- City of Janesville v. CarpenterWisconsin Supreme Court · 1890
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Davis v. SawyerMassachusetts Supreme Judicial Court · 1882
- Stadler v. GriebenWisconsin Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sohns v. JensenWisconsin Supreme Court · 1960
- Cunningham v. MillerWisconsin Supreme Court · 1922
- Wasilewski v. BiedrzyckiWisconsin Supreme Court · 1923
- Sanders v. MillerCourt of Appeals of Texas · 1908
- Boerschinger v. Elkay Enterprises, Inc.Wisconsin Supreme Court · 1965
10 more not listed; retrieve them via the Exa API.