New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-07-30
A DECISION IN THE BABY-CARRLiGE CASE
MAN-NOIsE AN INSEPARABLE ELEMgNT o
LIFE IN AN APARTMENT HOUSE.

THE LAW DEAF TO THE APPEALS OF A NERVOUS
MAN-NoIsE AN INsEPARABLE BLEMgNr OF
LIFE IN AN APARTMENT HOUSE.
Judge Van HOesen, in Common Pleas,
Special Term gave yesterday his decision In the OF
Joseph Pool against ThomasIig gnson, known as the
babycarrlage case" Mr.. Pool with his family occu-
pies the urth floor OF the apartment or French fiat
house at No 90 bladson-ayc. and Mr. HgginsOn occu-
pies the next floor above him each lease and each
with his own furniture specially lifted TO their rooms.
Toe plaintiff complained that the uundng
OF babycarriage on the fifth floor
made life unendurabls in his rooms, and sought an
injunction. The defendant answered that his baby was
In difficult riss eethng, and the use OF the carriage,
specially designed carpets, was necessary TO
soothe IT, aud give il necessary sleep. The defendant
red to subdue the by placing three thcknesses OF
paper under his carpets. and for lime substituted India
rubber Tor me wooden wheels OF the carriage, but he
was obliged TO them or they would not run over
the carpet
Judge Van Hoesen IN long opinion recltes these facts,
and audos the further fact in proof that the walking
OF the defendants wife her bare feet carrying the
child was found intoerabe by the plaintiff and thinks
IL showed either high rutated system in the
plaintiff or that IL like OF Thacserays PeDtOn-
vile houses where you hear rather better outside the
house than H." To give ground Tor an Injunction, the
annoyance must be which would produce ply steal
discomfort 10 person OF ordinary senshiltltes anu must
be unreasonable. Judge Van Hoesen cites a
sitlon and holds tnat the question governing
them whether the use of tue properly
is reasonable in view of the right OF the
neigbors 20 peace aud quiet. In this city varying
causes have crowded both rich and poor into occupying
one house with several families The rule must be the
same for both II blbcan1uge may be restrained in
"a French fiat a sewing machine may DO stopped N a
tenement house True, tired labOrer Will not be- apt
suffer complain OF loss OF sleep but the principle Is
the same. Whert makes himself one OF hunGr d
gathered under he cannot expect the immunity
noise he would enjoy IA house occupied by his
own family alone restrain others nom OF their
apartments consistent with COED ncigiibO ship.
II the rocking OF cradle, tue wheeling OF carriage,
the running Of sewing machine or Tie discord OF Ill
played music dis rb the inmates Of an apartment house,
no relief by junction can be obtained unless the PROOF
Ice clear that the noise reasonable aud made with
out due regard the rights aud the comforts OF OtHer
occupants. The man who lives In 3 hotel must
not DO surprised II reused from sleep by the heavy
OF some guest passing MS door at unreasonable hour
Nor ought DamutO have been surprised by the
OF any ordinary means which the defendant might EN-
poy 10 lull hts sick 3bild 10 steep.
The Judge holds that there nothing unreal
sOnable OF carriage, though swinging
die might have Obyiated tie noise and neighbOrship
suggested It's hut matter OF law the defendant
was no bOud do that than 1t compelled TO walk
floor through personal pIn he could be compelled TO
put india rubber shoes Tue injunction ID therefore
dissolved with costs.