The New York herald., 1877-01-17
THE COURTS.
The Albany" Must Listen to the
Marble-Sawyers' Music.
A SEPTUAGENARIAN DIVORCE.
Flint, the Medium, Let Loose on the World
with His Teapot.
THE STORY OF A BILLED SHIRT"

General Butterneld, one OF the owners Of ''The Al
bspy," on Broadway, between Fifty. first and Fifty
second streets, brought suit against kaber Co.. own
ers Of marble factory adjacent asking for njunc
sion restraining the latter from using steam engines
their factory. 1t alleged in the complaint that "a
continuous loud dssonant, jarring and offensive noise
was produced, whereby most Of the apartments 10
PLANTING building were rendered unnt for habitaiion,
portion vacant and tenants threatening TO throw
mp their leases" In addition to The injunction asked
for them was sought $4,000 damages Considerable
testimony taken both sides and Judge Sanford,
Of the Superior Court, before whom the case was
tried at Special Torn, gave, yesterday, his dec:-
sion. 1t win be remembered that some time
previously Chief Justice Curtis granted
preliminary injunction eDjoining the defendants
from allowing tho steam whistles to bc used One OF
the suits to mako permanent this injunc-
tion. The decision Of Judge Sanford, which Is en-
brncsd 10 quite a lengthy opinion, covers several
points Of special public interest After reciting the
facts Of tho and giving outline OF the testi
mony both sides, he states that SIT cannot, there
fore, be maintained that lawful business, not in itself
noxIous or delecrous to health, not offensive the
sense not necessarily detrimental to the comfortable
existence OF those who dwell in the neighborhood, in
Short not per nuisance Is uneuitcd to this, II in
deed, such business reasonably conducted can In
judgment Of law be deemed unsued for any locality,
tastes and pursuits OF Its occupants" He holds
that tho business of cutting and polishing
marble rs not per Sc nuisance. Further on
he says 'hat people, however, who have extraordinary
sensibiities or nervous temperaments the sick, the
afflicted they whose refined tastes habits and ncna
tions lead them TO prefer complete silence and exclu
sion and an abode remote from the busy haupts OF
industry, not TO be selected best qualified TO
atteet or determine the precise limits of mutual for
bearance" He gives 1t as bis opinion that one OF the
causes probably why apartments In "Tne Albany" re-
main vacant Is not SO much tho contguity OF the
marble factory the discomfort OF its jarrng ma
chinery the fact that the rents remain at the
figures as at ts completion two years ago, where
during that period the price OF real estate
In that vicinity has detcrorated one-third in
value. After further discussing the merits OF the
he continues the injunction RS TO thcseam Whistles
but refuses to grant any other injunction, He then
closes his opinion as follows, which really contains the
whole germ of the matter-'In arriving at this con-
clusion adopt and follow what seems to me to be,
the WHOLE the most satisfactory rule in regard 10 such
cases, viz THAT in the enjoyment OF his own land
be confnod to such reasonable thereof
Will nict injury on his neghbor interfere with
his neighbours reasonable enjoyment, and must submit
10 such inconveniences necessarily result from the
reasonable and eaj0y ment by his neighbor Of land
belonging to him." II might have bccn stated above
that Judge Sanford, in tho course OF his opinion, al
ludes the TACT that when the marble factory in ques
tion built, in 1862 the neighborhood then
bleak barren and rocky and further that the propre
tors Of the Albany must have known what they would
havo to submit to when they located their building
contiguous to it.