The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-07-19
4 rorn,ens. ON wheels.

A Torment ON wheels.
NR. HIGGIssoN's BABY-CARgIlGE AND THE
TROUBLE II HAS Created IN NEW YORK
CITY-A CURIOUS CASE.
The New York Times says:
Mr.. Joseph Pool, president of the Manu-
facturers and Merchants Bank, OF this city,
Is now conducting suit against Mr. ste
phen Higginson, weltto-do coffee mer-
chant, for damages, and to compel the DIS
continuance Of an alleged nuisance. Inc
gentlemen are neigbbors, as they live IN tue
same apartment-house. No. 8S Madison ave
nue.. Mr.. Higginson's family occupies tue
fs.h floor. while Mr. POOLS occupies the
fourth. MIR. Pool alleges that Dir. Higginson,
Mrs. Higginson, and their French servant,
Mile. Pernot, in combination with an I'D,
fantile Higginson, gtGt, fifteen months' ana
a baby-carriage, have rendered pig nte
miserable and ruined the comfort OF hts Wlte
and her guests. He declares that the papy-
carriage has been rolled, dragged, OF pro-
nelIed above his apartments at every hour
OF the dav and night for months past, ana
that he has thus been prevented from pro
curing the sleep necessary TO enanie MIN 10
efficiently discharge the duties OF his post.
One day last week Mr.. PooPs counsei, USING
his affidavit and the corroboratiye afhdavits
of Mrs. Pool and domestic named Mary
Ann Sbeehy, obtained from Judge LaIre-
more O temporary injunction against the
rolling OF the vehicle through the d'gslh-
sonian apartments.
Mr.. Hierinson to show cause why the IN
function should not be made permanent.
accordinely, Mr.. Roger A. Pryor appeared
before Judge Van Hoesen, in the court OF
Common Pleas. ana submitted aindaVits
meant TO acontrovert the Pool side OF the
case. The affidavits were made by DIT. ana
Mrs. Hipeinson and Mile. Pernot,. and are
corroboratiye of Others. 1t was admitted
that there is ia the Hisginsonian apartment
n vehicle known "a baby-carriage, sucn as
10 made especially for the exercising OF an
infant in parlor or nursery. The carriage
was described as 2 feet long, IA inches
wide, and 9 inches high from the floor,
made OF fine wood, and resting upon hynana-
u;ts wheels. The entire structure was
said to weigh only nine pounds. The AZ
fants declared that the vehicle made no NOISE
ia rolling over the floor, and all agreed That
Mr.. and Mrs. Pool are fretful and peeVish
to the last degree. Mr.. Higginson swore
that though there never was any real cause
for complaint on the part OF Mr.. Pool, yet
when that gentleman did complain he bad
the carpets in his rooms taken up and pad
ding placed underneath to deaden any
sound made by the carriage, and also had
rubber-tires put upon the wheels OF the
vehicle. Mrs. Higginson corroborated her
husband, and to illustrate The eX-
IRENE peevishness of Dir. and Mrs. Pool, de-
cIared that several times when she had
lust got out 81 bed. and, OF course, wore
no shoes, As she walked across her bed
room, Mrs. Pool had knocked on the cell
ing with stick to indicate that she was
making too much noise. She declared that
the carriage was never used to annoy her
neighbors, but merely as means to exer-
else her infant. The child is teethinS, the
Doctor had ordered it to be rolled about in
the wagon, and It's deprivation OF accus-
toned exercise during the continuance OIL
the Injunction was declared by Mrs. Hig-
ginsOn to be causing q great deal OF SICK
ness and suffering.
Mr.. Pryor made long argument against
the motion to make the injunction perma-
nent. He declared that the motion was
srotesque, and opposed to the principles OF
equity and to precedent. He contended
that man had right 10 use his property IN
an accustomed manner, and that trifiing In
conyeniences resulting to other persons
from such use could not be regarded as
reasons for pronouncins either the proper
ty or the use q nuisance. In order to con-
stitute nuisance one must use his pro-
pertv in an unreasonable, unWarrantable,
or unlawful manner. "Nuisances," said
he. "arising out OF the use to which pro-
perty is devoted, either by the owner or the
PARTY in lawful possession, are declared so
by the courts with extreme caution. 1t is
proper and highly important that courts
should proceed with extreme caution, and
weigh the relative rights of the parties with
extreme care. People living in cities and
large towns must submit to some lnconve-
niences, some nuisances, some discomforts,
some miseries, and some damage. There is
not city where there are not thousands OF
things unsettled that the law. following
out the ordinary rule, would feel conf
pelled to abate. The law cannot declare
thing a nuisance because it Is unpleasant TO
the eve or ear, nor because its existence is
a constant source of irritation and annoy
ance to others. No offensive noises are
recognized 1t does not pander to mems
tastes, nor consult their mere convenience.
1t simply secures and upholds their material
rights, and shields them from unwarranted
invasion. Should the court yield to the
preposterous demand, in what terms
should the injunction be framed? viii it
restrain defendant from any and all use CT
the baby.carriage, CT will it regulate the We
locity of the vehicle. or merely prescribe
that its wheels be muffled? Perhaps the
remedy may be still more radical, for rene
dies adjust themselves to the eXigencies OF
the case. and the defendant may be re-
quired by the court to administer some
other opiate for The insomnia Of the
infant. The court cannot he content
simply to stop the carriage, for then the
unappeased clamors OF the child will
prove to be still more intolerable nuisance.
The example of King Herod and the specu-
lationS of Dean Swift suggest 4 yet more ef-
fectual relief for plaintiffs grievances. But
the authority OF these cynics will hardly
avail in court Of equity OF which infants
are supposed to be the special favortes."
Mr.. Wentworth contended that the roll
ing Of the baby-carriage was nuisance, ana
declared that the best proof that the sound OF
the vehicle while moving can be plainly and
irritatingly heard by the members OF the
Pool family. existed in the admission made
by Mrs. Higginson that her neighbors
heard her get out of bed and walk across
her room, Notwithstanding the thickly-car-
peted floor.
Judge Van Hoesen took the papers and
reserved his decision.
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