Rogers v. Elliott

Elliott (defendant), a church custodian, rang a large bell daily as part of his duties. Rogers (plaintiff), recovering nearby from severe sunstroke, suffered convulsions when the bell rang; his doctor informed Elliott that the noise was causing the harm, but Elliott stated he would keep ringing it regardless, and Rogers again suffered harm the next day the bell rang. Rogers sued, alleging the church's use of its property, through the bell-ringing, was unlawful.