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Law School Case Brief

Kohr v. Weber - 402 Pa. 63, 166 A.2d 871 (1960)

Rule:

Conduct which subjects others to distress is not immune from injunctive restraint on the basis that the harm done is characterized merely as an annoyance. An annoyance long continued can become a source of grave harm to others.

Facts:

Plaintiff residents filed an action seeking damages from defendants, owner and track operator. The races created loud noise that was audible for four miles, glaring lights and dust clouds. The trial court awarded the residents damages and other plaintiffs-residents an injunction against operation of the race track.

Issue:

Is the defendant’s race track a nuisance in fact?

Answer:

Yes.

Conclusion:

The court affirmed and held that the trial court properly found that the race track was a nuisance in fact. Although the area was zoned agricultural, 200 dwellings existed within one-half mile of the track. Any noise could have constituted a nuisance, especially if it tendered to result in large crowds of noisy and disorderly people. The evidence supported the trial court's finding that the race track noise caused the chinchillas' nervous response.

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