Legal Opinion

Schneider v. FROMM LABORATORIES, INC.

Wisconsin Supreme Court

Decided June 3, 1952PublishedCited by 8 opinions

1Opinion of the CourtMartin, J.

Appellants cite many authorities to the effect that noise of certain kinds and under certain conditions may constitute an actionable nuisance, but the question whether a particular noise under particular circumstances constitutes a nuisance is for the trier of the facts. This is an action in equity and the principles of equity apply. The verdict of the jury was merely advisory and the trial court had the right to disregard it in whole or in part, since injunctive relief is addressed to the discretion of the court.

We cannot agree with appellants’ contention that the trial court’s finding:

“13.…

2Cases cited7 opinions

  1. Maitland v. Twin City Aviation Corp.Wisconsin Supreme Court · 1949
  2. Powell v. Bentley & Gerwig Furniture Co.West Virginia Supreme Court · 1891
  3. Swazee v. LeeWisconsin Supreme Court · 1951
  4. McCann v. StrangWisconsin Supreme Court · 1897
  5. Acme Fertilizer Co. v. StateIndiana Court of Appeals · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Costas v. City of Fond Du LacWisconsin Supreme Court · 1964
  2. Abdella v. SmithWisconsin Supreme Court · 1967
  3. Kellogg v. Village of ViolaWisconsin Supreme Court · 1975
  4. Bie v. IngersollWisconsin Supreme Court · 1965
  5. Hartung v. County of MilwaukeeWisconsin Supreme Court · 1957

3 more not listed; retrieve them via the Exa API.

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