Muehlman v. Keilman

257 Ind. 100, 272 N.E.2d 591 (1971)

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Muehlman v. Keilman

Indiana Supreme Court
257 Ind. 100, 272 N.E.2d 591 (1971)

JL
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Facts

Paul Keilman and Lorraine Keilman (plaintiffs) brought an action against Carl Muehlman Jr. and Janice Muehlman (defendants), seeking injunctive relief and damages. The Keilmans alleged that the Muehlmans often maliciously ran, started, revved, and raced the diesel engines of the Muehlmans’ two semi-trailer trucks next to the Keilmans’ property and close to the Keilmans’ bedroom. Evidence was presented at trial that the noise and fumes from the Muehlmans’ trucks had repeatedly woken the Keilmans from their sleep, damaged their health and comfort, and damaged their enjoyment of their property, as well as caused similar complaints from neighbors. The trial judge personally viewed the trucks in front of the courthouse to assess the noise and fumes. The Keilmans argued the Muehlmans’ operation of the trucks constituted a nuisance. The trial judge found for the Keilmans and granted a temporary injunction enjoining and restraining the Muehlmans from starting, idling, or revving their trucks between the hours of 8:30 p.m. and 7:00 a.m. The Muehlmans appealed, arguing that (1) the Muehlmans’ actions could not constitute a nuisance, (2) the Keilmans had not shown that the trucks caused irreparable harm to the Keilmans, and (3) the Keilmans had not shown that the harm to the Keilmans absent the injunction outweighed the harm to the Muehlmans from the injunction.

Rule of Law

Issue

Holding and Reasoning (Hunter, J.)

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