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Clinic & Hospital Inc. v. McConnell

241 Mo. App. 223 (1951)

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Clinic & Hospital Inc. v. McConnell

Missouri Court of Appeals

241 Mo. App. 223 (1951)

Facts

Richard McConnell and others (collectively, the Tune In operators) (defendants) operated Tune In, a music shop. From 8:00 or 9:00 a.m. until at least 7:00 or 8:00 p.m., the Tune In operators played music on a record player and broadcast it to the surrounding area with a loudspeaker. Clinic & Hospital Inc. (the hospital) (plaintiff) operated a nearby hospital and clinic. Tune In’s music was audible within the hospital and clinic rooms, disturbing patients. Patients often needed sedatives, suffered worsening of their conditions, and left the hospital early because of the music. Tune In’s music was unusual for the area and was substantially louder than the noises from other businesses and residents in the area. Although staff from the hospital asked the Tune In operators to lower the volume of the music, explaining the harm to the patients, the Tune In operators continued to loudly broadcast the music. The hospital filed suit against the Tune In operators, alleging that Tune In’s music was a nuisance and seeking an injunction against further broadcasting of music. The trial court denied the hospital’s request for an injunction, and the hospital appealed.

Rule of Law

Issue

Holding and Reasoning (Bour, J.)

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