Muehlman v. Keilman

257 Ind. 100 (1971)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ps claimed that Ds, over a period of four months, maliciously ran, started and raced the diesel engines of their two semi-trailer trucks at all times during the day and night immediately adjacent to Ps' residence property and in close proximity to Ps' bedroom. Ps sued Ds for injunctive relief and damages. Ps alleged that the noise and fumes were a nuisance to the comfort and enjoyment and use of their property. The court actually viewed the trucks at the courthouse in order to determine the noise and fumes. The court found them to be a nuisance and granted a temporary injunction from starting, idling, or revving their trucks between the hours of 8:30 p.m. and 7:00 a.m. D appealed contending that their actions do not constitute a nuisance and that the relative inconvenience, damage, and injury caused to Ds by the temporary injunction cannot be balanced by any equity on the side of Ps. Ds also claim that Ps have not shown irreparable harm.