New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-20
COURT OF COMMON PLEAs-CHwBERs-JULY 10
Before Judge BRADY.


Henry Wei nd Others agi Jackson s. schultz aId others
The plaintiffs, who are engaged in lat-bOiLng IN
Iry.nmih teween Eleventh and Igefa ayes. aver Ia
their plant that they have been served with notice Dy
the lie h Eoard ordering them 10 discontinue Their
uft tie mode Of conducting the IS altered that no
offensive od0is shan escape into o eXterna ar ana tnat tne
board threatens to close their business under SAID noee
tlt such closing Il her business viii deprive them OF he
l1elihoodi thai their premises are not ia eoAgh ua1eel
heoltb ani not nuisance bnt their business
is carried by them in the best possible manner.
On this and the affidavit Il Mr Wei the plaintiffs obtained
order TO snow cause Why permanent junction should no
ir ss or behalf Of the Board read answer this
the davs Of two OF the Sanitary Inspectors TO show TINT II
not carried IL the bes; and nuisance
MI Wconeu asked permission 70 put IN ADDITIONAL ailaa'
wits fo the plaintiffs show that the smell from these esaD
nsaLens was hoI L1lsanee. Ie h, sone 90 'us 's nv,
injurious 10 hcoih Unless lis HSnors mind was ALREADY
made ha point be would Ike an opportunity to present
Judge Brady said his surprise he had beer made by TIE
Nr I0k Time h 0rscmeut Of the it-boig establish
nes II would BE- very hard indeed to persuade Jim that
ese establishments or course he bad
Lad greater rjSdees srsn-t them than himself
Nj Bliss stated that 40 had volunteered nfdavi,s
practice 10 be thaf no lew aavs could be introduced
this notion he had merely selected such as he thoaght neces
Mr. wco1scn arcusd that the action of tho Board
renewable by and subject 10 the Jurisdiction Of Tie Court Ia
deciding uglsauces that therefore, was proper
that should hear the adays decide tie
tiul Of nuisance He proceeded 20 argue
that the gwen 10 the Board were infringement ci
J-dse prnivYor VIII find that tho powers committed %
the Board of Health have always been necessarily in refer
euce to our other laws. desp0tc.
NJ. WncoAson conceded that IL was to well rerog.
nzoJ settled such ooesome and rotten
food The Gas Comuauica business far worse nuisSuoe
than this, AID yet Il was suppressed
Judge BradJ-l understand tlnt the Manhattan Gas Com
plny have adopted notifications which the business
iuBoxOu Tie Board Il Health do require 10 destroy
business but merely 10 modify A. which understand rs
quite possible q to be hsrnle less.
MrWlco1sonThey offer a patented process which viii
dive expenditure e some s3oOoneary double their
present captaand which would produce an inferior article
This bush had been carried IN this CITY since II was
rope II vas therefore doubtful whether was nuisance
lr4 hey should have fair tal by tue ordinary tribunals
lie f.rrea to the lime burners and Washington Market cases
aud claimed ta they we're decisive u ts case H. ms Iaeo
Nj Bliss remarked on the amount ~ proof when was pre-
scented thst nethipg nuisance IN Ne"fork one ony
needed 10 De "l tie iioafo on hrI 10 become an op"
2iIlr lad had fun opportunity 10 DO heard before Tue
Boari under the law bni had chosen TO apch 70 TVS curt
tie slOnd not trtue here mat ~ bons wa"
Iusanoe. That .aL been decided by Judge brady bmsef
f0rmcr and IN another case tuat II ws PriHid Ja
nuisance. a. co.'s Distinguished ie present cas- IRON te case
decided hv JItge MChhnw. IL might possibly be that tue
Board 0 Health declare an occupation never tie
subject u ldc ldeermnaio nuisance but certainly Ley
had e rover % act n cases Ike tho present already eded
uusanccs. Beside Ills tae bnres wss actually lie.
r n t CITY under the r57 and tie ordinance OF
this business This ordnance was Dot the ceI
ecssut n former ordinance AID was arbitrary
than h ac IN boz SO LOurs for tie removal aud CIV
lne pornry ~ hearing g. tie parties charged Ibe
powers q the Cts Inspections under hose ordinances WIS
urher TIT tne constitutional and that II tho action
defendants improper the PLAINTIFF remedy vas by
report priasa days and called special
that three ceotua processes Tor destroying
had Proceeded very great fobenrauce in this by
persuG apuesl Dy naer order notice than tie peseut
processing Wuh iLe.r mn power.
Mt lrn1s,u REPLIED arguing that the business which had
been dcd re- nuisance ana when Nus 9,4adsh 10 WIS
city Of lhss and not ai-nong and that the opinion
4 Judge Molr opinion denying an IN
aBcti licaDce against fat boiling estabishnent
MS VIZ ioIsos Tor Plaintiff Mr. Bis. defendant