The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-25
THE COURTS.
Livery Stables Objectionable AdjunctS to
Fashionable Dwellings.
A TINY TINS TRIBULATIONS.
Bankruptcy as a Fostering Spirit Of
Litigation.
RUNNING A RECEIVERSHIP.

Some timo since there was published exclusively in
the HERALD the details OF suit brought by Mr. Reed
against Mr. Livingston TO restrain the lattor from &C.
cupying livery stable property contiguous 10 tho
plaintiffs residence East Fiity-Hfth street, near
Filth avenue The peculiarly OF the suit and nature
OF the remedy applied for give to 1t widespread In
ercst not alone rs III final result Affecting prop
sry values, but drawing strict judicial lines in the
Of nusances and thus giving guarantee or NOT
according TO tho ultimate decision. that In the purchase
or erection OF dwelling house there shall oe immunity
from the unsavory smells Of all innovang livery
stable Considerable evidence taken in the case
before Judge SedgwcK sitting at Special Term OF the
Superior Court the testimony, as might be expected
being OF decided antijudicial character accordngto
the conflicting views OF the witnesses Several hours
were occupied yesterday in summing up tho case,
wherein these d,ametrical opinions werc zcalousIy
urged by the respective counsel with, usual ali
htigous proceedings before tho courts, citations Of
abundant authorities in support OF tho counter legal
Mr. Waiter Hutchings, who appeared for tho de-
PENDANT argued that there was nothing to show that
the smell from livery stable offensive or de'eterious
He cit ed testimony OF several witnesses. who ap.
parcntly did not regard contiguous livery stable SO
offensive TO impair their comfort or health He
claimed that contiguous livery stable did not inter-
iere with the value OF property Counsel stated
that he thought the case ilmsy ana nat the allegation
nrst class nelgnborhood was per Sc nuisance,
had not been sustained by proof II
stable was Objectionable in other hrst class
neghbohoods as in tho vicinity Of plaintiffs house,
no ono else had complained the courts, although the
exact circumstances complained of here existed IN
to cite numerous instances Of wealthy and cultured
people who had lived contiguous to livery stables, IN
nacesssrv '"o Nuisance Wny" said counsel
''some people rather like it," One OF the witnesses.
wealthy and cultured man; moved N.sa.n mex, u 10
living in that alleged offensive locality as
happily aud contentediy as no could wish
He the discussed at large tue legal bearings OF
the CASE contcndng that there no rule OF law en-.
ti,ling the paintln TO the relief demanded He then
went on say that particular class OF people had
right 70 lcgislate their noighbors The poor man
had just much right 10 be relieved rom nuisance
as MS more fortunate fellow citizen. II the
that livery stable was nuisance applied only TO tho
wealthy what protection had the poory II this busi'
ness cannot be conducted anywhere without offence
then IL WIS His Honor TO say So II this was q
nuisance and offence decent people then he could
conceive OF no neghborhood in this city that was not
subjected TO tho same Inconvenience. The Court &c.
tore pronounccs judgment tor the plaintiff, must be
prepared 10 say that livery stable cannot DO intro
or other words. that the business must be stopped
II would follow naturally that NO private stable can be
suffered to exist. ''Why" said counsel 'thore arc
horses some private stables IN this city than V
Private horses will make a noisc, private
carriages will rumble, and II is fair TO
presume that private stables Will DO equally offensive
In every respect, and II one Is nuisance per sc tho
other Is also. livery stable is useful and necessary
and counsel knew Of no where they had been re-
strained except for some cupability other than -
alleged in this application The fact was that this was
only Objectionable because II business, and nrst
class people do not like TO have any business carried
them, and any other business would DO OBJ
Jccted by this class just strenuously rs livery
stab Hc further, that the people object
ing most livery stables werc the very people 70
whom they were most useful II was time enough TO
complain when the injury was sustained. In
this case they waited until tho building was
completed and ready tor occupancy, and now alter
they had permitted his client TO 80 TO all this expense
thoy ask Tor injunction before the nuisance COM
planned OF is in actual existence. He cited Rhode
Island decision going to show that an injunction would
not be granted under such circumstances. In conclu
he claimed that tho Injunction asked Tor should
not be granted.
Wheeler h. Peckham followed OH behalf of the PLAN.
till He also cited numerous analogous cases In which
similar relief had been asked tor aud granted by the
courts showing that II was q nuisance when q mans
health or property injured by noxious vapors and
offensive smells. He contcnded that the livery stable
could be enjoned because It inconsistent with tho
uses and purposes OF contiguous property He claimed
that there distinction between localities. und
nuisance was DOT per Sc Ias ~as Sy sur
nuisance to have slaughter house on Filth avenue,
although there we're neighborhoods where the erection
of such an establishment would DO restrained by
the Court unless u became deoterious to health. He
calmed further, that nuisance was dependent upon
the ac understanding as to how tho property OF par
ucular localities to be used; that In locality
where the business element prevailed more or less
peope buy,ng property bought such property having
reteren CO 10 the probable which aujonng prop
erty might putt that IN this case the erection OF
livery stable was inconsistent with The use TO which
property was to be put Ia this neghborhood. beng
manly for residences and tor this reason he insisted
that it most offensive nuisance and should DO
enjoined. .
papers, reserving decision.
TINY TIM AND POLICE SCROOGES.
Under the shadow OF Trinity stcepc, his young face
pnchcd with want and his limbs painfully distorted,
there has for some time past boy ten years old.
He begged no aims OF the hrongs of passers by but
NV on nj crin al nd
helpless condition. an occasional person would stop
and give him few pennies Our police force, seduous
In the discharge OF Its duties in this VIOLATION
SUPPOSED OF the Vagrant act and placing this deforncd
boy in the category OF professional bcggars no was
rudey seized and borne IN triumph before police mag
israe and a charge Of vagrancy sent TO Randall's
IsIand--a sentence IN the discretion OF the ComLis
soners OF Charities and Correction that may be pro-
longcd TIL he is twenty years OF age. The name
boy Is Frank Haor. His fatEer Bernhard
Halor, soldier during the war OF the rebellion IN
General Siges corps once Instituted proceedings 10
have his child restored TO him. and 10 this chd secured
the OF William Howe who applied tor ana OBJ
tanned writs OF habeas corpus and certorari requiring
the production OF the boy Supreme Court, Cham
bcrs be Judge DAVIS and the records oil commit
mont under which he Is held The argument In the
took place yesterday, ana tho unusual features pre-
sened IN the case caused more attention to be given
10 It than 10 ordinary habeas corpus proceedings Mr.
Howe insisted that the commitments was Illegal upon
the ground that tho affections which nature had visited
upon the unfortunate boy, inducing The KIND hearted
passing Sunarltans 10 pcstoW upon "ih t'i"c
their abundance with Wow TO alleviate the sulernss
OF cripple should not DO arbitrarily or uninerci-
fully construed into act OF begging The evidence
| did not, he claimed, disclose thnt this "Tny TIM
begged but on The contrary established That syml-
thizers gave unasked and unsolicited MIR. Delancd,
VINO appeared behalf Of the Society for the Proven
ton cruelty Cnildrcn, contenied that the con-
| vlction right and cminentiy proper
where Is the cripple now conuneiY" asked Judge
| Davis .
HE IS in prison, Your Honor" replied Mr. Howe,
| with emphasis on "prson.'
ale Is not In prison. SAID Mr.. Dclafcld "but IN
| ton"
| '.Yes" SAID Mr. Howe, 'and so are the inmates oil
| the Pcnitentiary."
| AFTER some further argument Judge Davis said tina
the matter OF considerable importance, ant
| he added that he would examine the papers Mean