Rogers v. Elliott

146 Mass. 349, 15 N.E. 768 (1888)

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Nature of the Case

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Facts

Elliott (D) rang a large church bell each day. Rodgers (P) was recovering from a serious case of sunstroke in a house near the church. P suffered severe convulsions due to the noise generated by D’s bell. P's doctor warned D that the bell was hurting P, and urged him to stop it. D did not like P, so he told the doctor that he would continue to ring the bell. He told the doctor that he would ring the bell even if his mother were ill, so his personal dislike for P was irrelevant. D rang the bell the next day. P suffered further damage. P brought an action against D. The judge ruled that P was not entitled to a recovery and reported the case for the determination of this court.