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Rogers v. Elliott | 15 N.E. 768 (1888)
Barking dogs, loud wind chimes, unpleasant odors—all these things can be extremely annoying coming from a neighbor’s property. But when does an annoyance turn into a legal nuisance for which the law provides damages? The Massachusetts Supreme Court considered this question in the eighteen eighty-eight case of Rogers versus Elliott.
Thomas Elliott was the pastor of St. Peters Roman Catholic Church in Provincetown, Massachusetts. Every Sunday, Elliott ordered the church’s caretaker to ring a large church bell four to five times. Jesse Rogers was staying in a house directly across from the church and was recovering from severe sunstroke. One Sunday, after the church bell had been rung, Rogers suffered convulsions. Rogers’s physician believed the convulsions resulted from the noise from the bell and informed Elliott of this fact. Elliott stated that nothing would stop him from ringing the bell and that he would continue to ring the bell even if it killed Rogers. Elliott continued to ring the bell, and Rogers again suffered from convulsions, significant pain, and delayed recovery.
Rogers brought suit against Elliott, alleging that Elliott’s use of the church property was an unlawful nuisance. The trial court entered a directed verdict for Elliott, and Rogers appealed to the Massachusetts Supreme Court.
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