The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-07-30
MR.. HIGoINsoNs BABY CARRIAGE
A Decision that he may Trundis n to his
Hearts Content.


A Decision that he may Trundis u to HI.
Hearts Content.
Judge Van Hoesen announced yesterday
his decision In the baby carriage case Of Prcsl-
dent Joseph Pool OF the Manufacturers and
Traders Bank against Thomas Higginson.
Following is an abstract OF the opinion: " The
plaintiff occupies apartments in the fourth story
| at GS Madison avenue and the defendant occu-
pies apartments in the nfth story. directly above
those of the plaintiff. The house belongs to the
class Of tenements called French flats. Tho
affldavts describe the rooms of both parties rs
fitted up with furniture designed especially for
| those very rooms. Neither party could move
without running the risk OF getting other apart
ments TO which the furniture might not be suit
| ed They both have strong reasons therefore.
for wishing to stay where they are. The de-
| fendant's family consists oi himself, his wife.
| an infant child. two stcpchildren. and two
maid servants. The infant II about fifteen
months old and is sick with the pains of
teethinR. For the purpose Of lulling the child
| TO sleep. the defendant has n parlor baby car
riage. n vehicle weighing about min" I,un 4.
and having two side wheels about three inches
| In diameter, and movable castor in front Tho
carriage Is made to run over carpet. ~ is used
| in the night time MS we'll as in the day time.
whenever the child il fretiul and needs to be
| scothed. There Is no pretence that the de-
|
| than the proper purpose. but the plaintn and
| his wife say that they are kept awake at night
| by tho rumbling OF the carriage overhead.
| They describe the noise as intolerable. and Mr..
| and Mrs. Adams who visit them occasionally.
Sy Ts hsPP P.s as So the
OF the noise. and various efforts have been
made TO DO away with it, The carpets Of tho
thickncsses Of padding laid down under them.
That did not mend the matter Then
ior tho wooden wheels OF tho carriage.
but though they answered the purpose;
they were taken of because they would not not
FSn Srdus S Son S SS fSIRS iS PS
he por his wife can rest or sleep II the carriage
| BE- used On the other hand. the defendant. or
rather his wifc IL positive that the baby cannot
be put TO sleep except IN the carriage a fact
in the cnse. Is. that one might when the defend;
| ants wife. with bare feet, was walking up and
s TO hoT on fSrsps s Sua & and ns1 m a
| that he knocked upon the ceiling To warn the
defendant that 1t must cease. That fact an
| nervous system was in highly irritated state
or else that 6s Madison avenue is built like the
house In Pentonville described by Thackoray.
where you hear rather better outside the room
Of course the plaintiff has beenigreatly an
noyed hy the noise OF the carriage, and prob
ally iniunctions have been granted where the
complainants have not suffered greater incon-
vrnicnco than he has. But every one OF these
cases must stand by itself, and regard must he
had to the locality and to tho nature Of the use
"a to tho effects produced thereby. The noise
mus, be real, not a mere annoyance 70 persons
| OF fastidous tastes. but such rs would be likely
10 be annoying to a person OF ordinary scnsibil-
| lties. II must not only be productive OF phys
es but mSs h he
horses. the playing OF music and the ringing OF
bells are lawful and proper IN themselves. but
ro.dom rom %nn ndss as his home Il eHss Is
able in, view OF that right that these things
bors viii be deprived Of the rest and The
quletude essential TO the full and free enjoy.
q ha ,ssr sy York varou causes have
combined to bring about the crowdlng OF mum
the poor into tepements, and fashion lures tn,
well-to-do into French fats. But there can b,
hut one law for the tive classes OF dwellings, 81
species ~ abode called apartment houses. The
restriction OF the use Of A baby carriage IN {
prevention Of the use q sewing machines II
tenements, Certainly the noise OF an ord
egSsye osry Sswn as that s'1n o baby cSrrSse % .0 un
the day labQror needs rest ana sleep quit
as much NJ the dweler in n French fiat anC
yet no man would approve the enloinlng oi th'
seamstress from stealing few hours from
night Tor the pprsspt OF her trade. i is tTu'
turbance of his sleep, for WEAKNESS can snor'
upon the flint. when restive sloth finds th'
not change the principle. When a man make,
himself one OF hundred gathered under on
roof. and selects ms his home house so fiimsill
built that the tread Of womAn's bare foot upoI
a heavily carpeted floor makee a vibration 10 b,
I complained over by those living on the foo
{ | below he cannot expect the immunity frou
| noise and disturbance which he would enjoy II
I house occupied by his own family alone. no
can he restrain other occupants from any us'
OF their oTn apaT1]meHI;.56 I.6 consistent wh goo.
gard for, the comfort ;, Of others. /
the rocking OF cradle. the wheelin,
carriage &C. hs scoT1 wh5nF 6 Savaa 81 %us
| disturb the inmates Of an apartment house. n,
| relief by injunction can be obtained. unless tn
proof be clear that the noise is unreasonable
: and made without due regard to the rights am
: | the comfort OF other occupants. The situation
OF the dwellers in apartments. while 1t has IL
advantages must Of IN some respects ,v les
,, | house. They cannot expect the same quiet an,
| repose. The man who lives in a hotel must no
be- surprised II reused from sloep by the heav
= foot OF somo guest passing 10y his door at al
D. unreasonable hour. Nor ought the plaintiff 4
. have been surprised by the use ~ any ordinAr
means which. the defendant, might employ I
lull his sick child to sleep. No man has riGh
3 to such immunity from noise that his noighbo
y cannot stir in his own room.
Z. There is nothing in the ahdavits to lead m
9 | 10 the conclusion that the defendant, in havin
i this carriage instead.of cradle. made use Q
s his apartments which. In view OF the plaintiff
2 right 10 quiet and repose. was unreasonable
4 II is probable that a cradle swinging upO
: | piyots in stationary standards would have an
i swered the purpose Us well as the carriage. an
I ms II would make no noise, good neighborshi
y however. II the defendant himself were take
sick, ana obliged TO walk the floor all ngl
A through pain. the plaintiff would hayc no rgl
= 10 insist that he should put on India rubber,
: As has been said each case must stand by itsel
8 | and whore people indulge their inclination I
Q | be gre2arious. they must not expect the qu
y must be dissolved with 80 costs 10 deiendaI
o Higginson."
o THE ROss-HdNL1N RACE.