Clinic & Hospital, Inc. v. McConnell, 241 Mo. App. 223

Missouri Court of Appeals

1951

Chapter

15

Title

Nuisance

Page

603

Topic

Private Nuisance

Quick Notes

Music shop across the street from the hospital caused a nuisance by blasting their music and distributing patients and medical staff. 

Book Name

Torts Cases, Problems, And Exercises.  Weaver, Third Edition.  ISBN:  978-1-4224-7220-0.

Issue

o         Whether the music shop exceeded what might be reasonably expected and cause unnecessary harm?  Yes?

Procedure

Trial

o          Verdict for the Df.

Appellant

o         Reversed and Remanded

Facts

Reason

Rules

         Pl - Clinic & Hospital

         Df - McConnell

What happened?

         The Pl - operates a hospital for patients with sensitive conditions that require a calm atmosphere.

         The Df - owns a record shop across the street that blasts the music from anywhere between 8AM to 11PM.

        Surgeons and nurses testified that the music disturbs their patients and causes them to become very restless and nervous.

        The music was so load that some of the patients stuffed cotton in the ears or just simply checked out.

o         On 2 occasions the Pl - president called the Df and requested him to reduce the volume; however, the Df - continued to broadcast the music like before.

Background

       A person has the right to the exclusive control of his property and the right to devote it to such uses as will best subserve his interests; but these rights are not absolute.

       There are certain uses to which property may be put which so seriously interfere with the use and enjoyment by others of their property or with the rights of the public that they must be forbidden.

Injunction Possibility

         A court of equity may issue an injunction enjoining the use of property or a manner of carrying on a business if either constitutes a nuisance injuring another or his property.

Rule

         A business which is lawful in itself may become a nuisance where it is not operated in a fair and reasonable way with regard to the rights of others in the use and enjoyment of their property.

Questions to ask

         What is a reasonable use of one's property?

         Whether a particular use is an unreasonable invasion of another's use and enjoyment of his property cannot be determined by exact rules, but must necessarily depend upon the circumstances of each case, such as locality and the character of the surroundings, the nature, utility and social value of the use, the extent and nature of the harm involved, the nature, utility and social value of the use or enjoyment invaded, and the like.

Thickly Populate Communities

         Must endure the usual annoyances and discomforts incident to the conduct of those trades and businesses which are properly located and carried on in the neighborhood where they live and work.

         Must not be more than those ordinarily to be expected and lawful conduct of the trade.

Rule

        If they exceed what might be reasonably expected and cause unnecessary harm, then the court will grant relief.

Reasoning

         The Df - the broadcasting of the music in the manner described and with the results set forth in our findings is an unusual, unreasonable, and unlawful use of defendants' property, in the particular location and under the conditions with which we are here confronted.

Holding

         Reversed and Remanded

Class Notes

Court concludes:

o        Social value of the hospital is GREAT;

o        Record store was enjoined from playing the music outside during certain hours.

Analysis

Locality of the activity, as well as the surrounding area is VERY IMPORTANT to ANALYZE.

A pig farm is a nuisance in the city, but is not a nuisance in the country

There is always a balancing of uses that occurs in this case, there is NO STRICT FORMULA for NUISANCE

o        Hospital vs. Music Shop

What is the characteristic of the injunction

o        There is a volume restriction.

Questions to ask

         What is a reasonable use of one's property?

         Whether a particular use is an unreasonable invasion of another's use and enjoyment of his property cannot be determined by exact rules, but must necessarily depend upon the circumstances of each case, such as locality and the character of the surroundings, the nature, utility and social value of the use, the extent and nature of the harm involved, the nature, utility and social value of the use or enjoyment invaded, and the like.

Thickly Populate Communities

         Must endure the usual annoyances and discomforts incident to the conduct of those trades and businesses which are properly located and carried on in the neighborhood where they live and work.

         Must not be more than those ordinarily to be expected and lawful conduct of the trade.

Rule

         If they exceed what might be reasonably expected and cause unnecessary harm, then the court will grant relief.

Reasoning

         The Df - the broadcasting of the music in the manner described and with the results set forth in our findings is an unusual, unreasonable, and unlawful use of defendants' property, in the particular location and under the conditions with which we are here confronted.