The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-24
N ulnanCeS.

Nuisances.
Mr.. EDITOR: : Is il not surprising that so many OF
our citizens should passively submit to i've, year
alter year, with nusances OF the worst character
IN their immediate vicinityl The laws have pro-
vided abundant remedies which every party injured
can put IN force, independent OF the city bye-laws
and ordinances; and If those ordinances were only
hall enforced, there would not be so clean city In
Chrstendom. The general excuse made by the
friends OF decency tor remaining passive Is, that the
city authorities are so much influenced by party
considerations, and so fearful OF becoming anpopu
lar, that all efforts to arouse them TO the perform
dnce OF their duty will prove unavailIng There Is
no doubt that this excuse is not entirely without
ioundatlon, as the penalties Tor violation OF the city
ordinances can only be prosecuted by the attorney
OF the corporation, and he cannot retain his office
If he does any thing to offend any large classes OF the
sovereign people, aud lose the benefit of their votes
In favor OF the party that appoints him But the law
having provided other remedies within the reach OF
all, every neishborhood and all its members are
bamable for permitting the nuisances IN their own
immediate vicinity. A nuisance is defined to be
whatever annoys another, and renders the enjoy
ments of life and property uncomfortable. BY com.
mon law nuisance may be abated-l. e. pulled
down and desroyed-by the mere act OF individuals
without any Judicial process: law suit is Alto
gether too slow remedy. This was expressly so
decided in the Supreme Court of this State in the
case of Wetmore vs.. Tracy.-l4 WendelPs Report,
IL.
The Court OF Chancery has power, and 1t Is its
duty also on complaint OF the parties injured, to
grant an injunction against continuing the nuisance
This is a sovereign remedy. and can be applied at
the very commencement OF the suit and Tor ylo'
laon of the Injunction, the parties offending Will be
committed to close confinement In jail. II neigh
borhood of forty or fifty respectable families, there
fore, permit four five butchers, who persist In car
ryng the business of slaughtering cattle In the
thicky settled parts of the city, to lncumber the
streets with unemployed carts, fill their houses with
flies, and the air with noisome efiluva, and the
streets with cattle and carts full of ofa and other
offensive matter, and the cutters with putrld blood
il is their own fault, for the remedy is In their own
hands. For the purpose OF placing the legal ques.
ton beyond dispute, it may be well to insert the fol-
lowing brief report OF late case in Chancery, from
J. Paige's Reports, page SIS, Catlin and others w.
Valentine.
"The occupation of building in city, as slaughter
house prima facie nuisance to the neghboring nha
bitants and may be restrained by injunction. And
general answer of the defendant denying that slaughter
house is nuisance, is not sufficient to authorize the dis
solution OF an injunction restraining him from using his
building as a slaughter house.
To constitute nuisance, is not necessary that the
noxous trade business should endanger the health Of
the neighborhood 1t is sufficient if it produces that
which is offensive to the senses and which renders the
enjoyment OF life and property uncomfortable"
This appeal from an order of the vice chsncs
Tor of the first circuit denying the defendants application
to dissolve an injunction. The bill was filed by certain
owners Of property in the city OF New York. on the east
side of the second avenue to restrain the defendant from
erecting slaughter house at the Of that
and fifth street. and from saughering cattle or other
animals at that place. permitting them to be slaugh.
tered there. The injunction granted parte, be-
fore the building erected for slaughter house was com
forwards modified to permit the defendant to proceed
with the erection of his building and only restraining
him from using permitting to be used as slaughter
house. The defendant bv his answer, insisted that he
intended the slaughter house in such manner that
it would not be nuisance to the complainant or to the
other inhabitants of the neighborhood And that
swer he applied to dissolve the injunction absolutely
ed the costs thereof to abide the event OF the suit
Geo. Wilson, for the appellant
D. p Hall & H. P. Edwards, for the respondents
Tn. ANrrU shn ctr nf dafo dant)o
building in reference to the dwellings Of the complain
ants described in the bill and not denied by the
would prma facie render the occupation Of such
building for the purpose OF saughterng cattle there,
nuisance And there real necessity that such
offensive business should be carried on in this part the
city, where many valuable dwelling houses OF the best
kind already erected and continuing to be built
the vice chancellor right in retaining the injunction
until the hearing. The answer of the defendant that
slaughter house would not be offensive TO the complain
ants is matter of opinion merely and not such denial
Of the whole equity of the bill entitIe the defendant
dissolution of the injunction matter OF course.
To constitute nuisance not necessary that the nox
ious trade or business should endanger the health OF the
neghborhood. 1t is sufficient If it produces that which
is offensive to the senses and which renders the enjoy
ment OF life and property uncomfortable Rex v. Neil
1917
It perhaps possible carry the business fslaugh
tering cattle to limited extent in such manner as not
20 be nuisance. But it is wholly improbable that any
one will subject himself to the necessary expense to ena
BILE him to do it in that part city, when the business
can be carried in the unsettled parts OF New York. or
in parts of the city where property less valuable with
out the great cost and labor which would be requisite to
carry on where the defendants buildings being
erected when this bill filed. In which came
before the house Of lords upon appeal from Scotland
that court sustained the ad interim nterdct of the
below although the defendants, as in this case denied
that in the particular manner in which they intended to
carry their business it would be nuisance to the
neighboring inhabitants. (The Burnt Island Whale
Fishing Company Trotter, Wills. Shaws Parl Rep
649 And in the recent Of Swnton and others
Pedie as Shaw Dunl Sess. Ca. 775) the lords Of
session Scotland refused to discharge the interim
terdct far as to permit the experiment to be made
whether Slaughter house could be erected, and con-
Quoted in such manner not to be nuisance 10 the
northern suburbs Edinburgh in the manner suggested
by the defendant The decision OF the court in that case
substantially sustained upon appeal to the house OF
lords in 1899. (Macean Rob Psrf Rep. 1918, s. C.)
In this case the defendant upon the final hearing will
have the opportunity to produce proofs to show that the
saughtering ofcattle at the place proposed will not be
offensive to the neghborng Inhabitants and injurious to
them in the enjoy of their property Or an issue
thinks proper to apply for such issue But the order
OF the vice chancellor continuing the injunction in this
stage OF the suit must be affirmed with costs.
Now let every neIshborhood afflicted with these
inunctions against all offenders, and in twenty days
the slaughter houses will become as inofensive as
that at the corner of 9Th street and second avenue
In Second street, above avenue A, there are up
wards of sixty respectable dwelling houses occu.
pied by respectable and inoffending Inhabitants, all
of whom are more or less annoyed by six slaughter
houses. all of which are nusances. and some OF
them OF the worst character. Almost all the &C.
cupants Of the 33 good houses between avenue A
and first avenue, are the habit of passing those
six slaughter houses daily, and are compelled to
cross the stree; from side to side TO avoid their Of
fensive STENCIL get round their carts of garbage
Their houses are filed with swarms of flles-they
are obliged 10 shut their windows In the hottest
days, when they most need air, to keep out the dis
gushing efiluvia, and 5 ream of blood often flow
ing past their doors. Besides, the street is obsruc
ed by carts, and sometimes filled with droves of
cattle. Without the least illwil to the parties In
terested, they are kindly informed that they cannot
pursue their offensive business where they are with
out legal proceedings, which will require 100 much
of their time to admit Of attention to their ordinary
occupation.
SECOND STREET ABOVE AVENUE A.
NAVY ORDERS. T. A M. Craven, to the
Falmouth; Lieut. Arthur Lewis, on furlough.
PRoMoTioNs. Commander w. Latimer, to be
Captain; Lieut. Charles Wilkes, to be Commander;
Lieut.. Elisha Peck, TO be Commander; Passed Mid
John N. Mafit, to be Lieutenant Passed Mid