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SCHNEIDER v. FROMM LABORATORIES, INC.,

262 Wis. 21 (1952)

SCHNEIDER and others, Appellants, vs. FROMM LABORATORIES, INC., Respondent.

Supreme Court of Wisconsin.

June 3, 1952.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kaumheimer, Alt & Likert of Milwaukee, and Charles L. Larson of Port Washington, attorneys, and John M. Reinhart of Milwaukee of counsel, and oral argument by Mr. Leon E. Kaumheimer and Mr. Larson.

For the respondent there was a brief by Schanen, Schanen & Pauly of Port Washington, attorneys, and Corrigan & Corrigan of Milwaukee of counsel, and oral argument by Erwin N. Pauly.

MARTIN, 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...

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