New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-30
sheIl.Burning in Fineenth-st


sheII.Burning in Fineenth'sf'
The following Injunction has been issued against
the Board Of Health restraining them from the execution %
an order r the SUSPENSION of the Of in
Fifteenthst between Avenues aud B; n,,...,
Se,isr cog,g ne cy% Nee VIVA f i PRe1 JOHN O. Stone
aud John swnbnne, Sanitary Comq9neI' o. .ne Is
Bergen and Beamn Mnerre, Commi,sone Of the MetIopo
Health Summons. for relief 10 the Defendant s
alleges the, this plaintiff ast past been Proep,ng
Al Fs, Feenhs between Avenues b. in the city Of New
b cI paving therefor barge rent arge Of
the that he has four tn' in which be burn. m
sn situated At the distance Of 20 i'et rom we h.S
kn constructed than % yra prior to the ds'e ne
pose Of making lime that whu anuh eme ino possession o.
then che ss Ss w ' the q those
vicinity said kns good aud no sickness mas o
The same or the condue,ed that the shells from wnch
plaintiff lime oyster aud clashe. 'to
oyster saloons and not from the pubic markets o. We . are
when brought to panh' yaId OF penn I'd Ssodorir.s
thesy covered VA" h, a b With them 50 tia, when
,he. are being removed or the rospo. OF Tebe IN
sa shells tue from time to time ec DAY during 'ns
period burning placed upon the khns and BURIED y sa
the Kiln bat that detrimental dangerous to NE or
oyster caushe. upon Of ntumou coal tha rom v
TINE as s b S are drsu from the lower pa, kiln
and aked by pouring them water The apor INA, a
during sssiag nofenve Ia character ana
agreeable OF smell aud eondered powerful and use
ia, or bSpSed bUhe. Of lime per day. sold builders
extensively used building in the city that The lime 50 manu-
factued dsiniecnt and destroys Whatever onefe
matter il comes in eoutset with mobiles it. character and hs
plaintiff kins ell sid premises Of plaintiff are clean ana ~
good order and have always 50 been TIA, on or aoost @ go
March last past the defendants cons1tns tne 5
Of Health through their President one jacson SMUT anso ~
premise. psnth above dcrbed to De examined oy one
sanitary inspectors. Ayah Bisde who sa physician Of many yea
,indn and ha' peed very ssy for yssT' r IN hg bat az.
Blsisdel hereuPoa examined said premises and me vai
defendants result his examination and which report wa N
substance plaintiff informed and believes that plaintiff PREM
dangerous health that said Jaes'on Schultz President as
aoe,sa upon a, Is@4s and s'a 70 BE- liz Intention compel
ps 20 enu therein ard directed another Inspector
aid defendant, to eIne .ad premise, ina one w9 sb nsSr
hood in premises that paintn informed ana o.
ing made said defendants but pnh Il isn9'aa o. te onsh
thereof that ateIwd aud on or aD3nt the .,n o. N &
udePonen,s premises ,h srIAn was P " bre I'D
Board upon the said order tie opinion therein ana ne s
% e pp,top declared emphsieay evidence woad
satisfy bin that e burning W., 'i sS" would bs pTaSae q
no change Of the drndn's that atef"d anu on OF
ssSu ,h s u,,ooSlap 8oard q Health plaintiff prem
se above described s1d toG t fiI ,f'e0 ''1
Ana viaina ,aher alleges many lime sn exist within the
into lime the same by oes, Precisely T 20 a' c
by th' p5'hn W, go H. oesed on t6e sogthea corner Of
Feyen,ye ard Thir,et'l n ia ey .' very arg n nsl
in 20 respect cleaner purel ina sy SCI,
that aid kiln ~ umnnss brae We. a. eai !,
M,ve.eIsuiled by one fthe dend nan
5, and hat .sid dndsn,. hsrepn mad order r the
Psnq ., ls S i @ Kin nor have any
o. been aiken N iesrd thie', '''s NOS ,s s rd IN
officer the operations thereof u'pen'ed o' % "
And pana further asse. thai he has now o. bis said Min about
% s,. s Of ., , !, eonSsrS o line hat be na n i
poy manufacture Of lms I've We men 70 rhGn ne pay,
.ap-nded be- vii be entirely ruined that TIE co'i 81
eaosa. %. .ss, -, S ,T,, seps 70 remove tho .ms
the sid plaintiff iarhe alleges that h premise, Aforesaid i,
Nuisance detrimental in degree 20 M or hesn and ,h.t be
e before proceeding AID acting asordn: 20 ls sie
ny sosr'e o. - he sr.e,d In & aeon Or in say
which tbs Court may iegas and be ehsrs s ss
.ai SsSa., ,ad s hat 6y q ' .ad
,I OF the question whether TIE prsus nd
oa'h , s 49, "a Boari Of R~aih and ths, fthe rrs
hF resd Of said Board eIsened b. Will sustain
Wherefore the plaintiff d-mnd' that the defendant, snd
each of,sem thsiI .ien ofer ana ss. .e s o.,
@ and ro% ~ '9S snnT r1 e pRry I or
Chen r or nay b. ortl, Ss,as Of the nay
r,auife with the costs u TIN, ac,iol.
CHARACTERS or THE AFFTD4vTIs
The Rev William Moronsh D. pastor Of the Church q Tie
re.ds. The Psi,dnasr ssss foar,een,h
o st ,raash 70 fissntht that he wei
acquainted with TIE meLn Of th, II heynod, "a f,en,n
' q NJ ReYnod. are tep sr ana ~ GOO sraI as nsrs axe
make h personally acquainted With he heath
residents IN that locality mos, q whom are members q m
residents immediate vicinity Of said lime sn il good II not
better locAe that the process Of burning lime from
shells j. not regarded detrimental he OF health pgb
nuisance opinion Of Opponent promoter OF health
by h. purifying iaasce csne'
/ which could be traced g. the burning Of lime.
WnLIAx ]. MoRRouGH d. ID.
Sworn to this 18Th day Of May 1896
X. u. NsS MICK. jr. Notary Public y. J. co.
following .llar adsyts Reuben y Chapn
No Denni. Ryan, No a2 East toufteenhst
Wm Cor No 2t3 East Eighteenthsii James fnegan Eas
and b DAME. Ryan, fst SIX
e-utL between Avenues and Il James Coz NO. 2aJ Es,
Fite.nh-.t; Ava B,dr No 80 Fritaye Fred jung. Fn
.snh and Avrnu. Philip McDermoit, fineenhd between
Avenue. snd Patrick Mincneh fteenth't between Ayenne
and b; James McLanoey, No 249 East Feenihsi; Henr>
lurrn.ey No 81 Elrvrnih John HesrD, No lB Ess
Txrty hobt A. Erect, No az Second Charles H. Reynolds.
plaintiff.
ORDER or THE COURT.
the Guy o( Ne York Charles H. Reynolds
Schultz James Crane, willard Parker John
John snbnIne Sanitary Commission Of the Mopoi
Bergen benjamin Manerre, Commission Of the metropolitan
Police constituting the Metropolitan Board Of Health
Upon the companand aAy in this action let the defendant
before Of the Justices Of this Court Chamber
thereof in the Cy a said city the oh day Of May inst
10 O'Clock Why they should with their agents and officers
be restrained aud enoined until tbs hns hearing th. action ron
enforcing the pretended order in the plant bere
FRS, mentioned aud until, the said showing Of cause the said defend
each oil Of them their and officers here
by ordered and ennrd to refrain from executing said order OF
ng with ainih the business conducted by him at The
premises described in said order; dated May 49, 1906