The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-13
Mn. lrvryosroy's LIVERY Stable
IL IL . Damage to the Ncishberinr Property =
Connict Of Testimony.

A hearing in the case Of Reed We. Living
ston began before Judge Scdgwick yesterday.
Mr. w. II. Wlckham appearing for the plaintif
and Mr.. W. HutchinRs for the defendants.
Mrs. Caroline q. Reed complains that Mr. Mat
urin Livingston has put up n big livery stable
next door to her four-story brown stone house
ON East Fifty third street llots nnHsl. after
giving her to understand that h. was going TO
put UP n handsome dwelling. In consequence
Of his representations. she made important and
costly changes in the plans Of her own house.
When demonstrated with by ncislitoring prop
crty holders Mr.. Livingston had first oifcrcdto
sell his lots. for which lie gave $4,000. ut $4,000.
and then offered for bonus VI SIS coo to put up
two fine dwellings. These offers being reject
ed. he had gone on with his stable To the great
discomfort Of the n"ghbors in general and Mrs.
Reed in particular. and 10 the damage OF the
Mr. j. r. Sherwood testified that livery stable
next door was an unmitigatcd nuisance. as he
knew by experience, having once been forced to
move 10 get away ir,cm one. In NE indgmcnt
ncighhorng property from ~ 10 80 per cent.
Or. VI. d. Mann had also lived next doOor to q
livery stable on Iorty-ilt street and had been
rumblins, and smell.
Mr.. Charles pugen had offered Nv. Living
stOn $4,000 for the lots-all hc Thought they were
WORTH, TIC s,ah". in his Judgment, would
max Mrs. R"ed's house II very uncomfortable
place. oi + sdrncr Tor people having objections
To- loud NOSES and bud smells.
Mr. ID. A. CrcHmcr had kept II stable himself
ON Twcntv-siNth street. and knew II WAS a NUS
ancr Ia the npignbOtS. No matter how clean
stable was. there would be a sm II In the sum
MGR Then. some horses would Kick and stamp
nj night others would cast themselves IN thrif
stalls and make great racket; carriages would
hc coming ana going NJ all hours, and there
would b" grrUf many niVs.
Homer Morgan. real pStpt" dealer. testified
TINT n livery stahl, in u fine residence Locality.
such H. that on FIERY third street, between Fun
AMI Madison avenues, would be very damaging
TO property.
S,l,tnus \. Reed. son Of the plaintiff testified
that while the stable WIS hciug built. noises
from II were ccurly audible in his mothers
house. There wor" stalls Tor nearly or quite
one hundred horses and the manure pit was
Mrs Reed testified 90 the facts IA set forth In
her complaint. She had only once heard u ear
ringr driven into the stable since iis completion.
nnd then the noise sounded like thunder in
her room.
Mrs. =. A. sexton testified that she lives next
door to a stable IN West Fiiiy-third street. The
noises. smells. and flies are almost unbrarnbr.
She stnNs because It IL such cheap rent.
Dan lIarWrll. called 10y tn" pros. f'u'iOn, trSti-
fled that he keeps u livery static. with about
ninety horses in II has dom 50 lor ten years !:
docs not consider his establishment nuisance;
has never heard any n"ighhor complain OF II;
thinks that livery stable. inst dd of being u
dlma-' t. prop riy. L. gr"nt accommodation
and h.nntlf. and improves n nrivhhorhood.
Mr. Mickhnm remarked that he thought he had
called the wrong w,tnrss.
Mr.. jules u. Ginlhcrnat testified Mat There Is
livery stable on rhirtieth street. ndJoining his
fathers house. The stencil il fearful thu
noise. dreadful and the flics-grcat big blue
ilics. horsr flies. not common hics-are iniolcr-
able" His father stays in the house. because
nobody can be- found to buy il.
The further hearing of the case was postponed
until saturday, Feb. "a.