The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-30
THAT BABY CARRIAGE.

HIoGINsos's RIGHT To ROLL IT RESTORED
JUDICIAL DECISION ON THE vExED CUES
TIoN.
Judge Van Hoesen yesterday rendered decision on
the motion to dissolve the temporary Injunction in
the case OF Bank Prssiasnt Pool against stepnen
Higginson, which, as will be remembered was
brought 10 restrain the defendant from rolling a nine
pound baby carriage the apartment occupied by
tho plaintiff IN Madison avenue apartment house.
The facts OF the having already been uly given
the HERALD Is UNNECESSARY to recte them detail
Mr.. Pool occupies the fourth floor and Mr. Higg,n-
son the floor above. Mr.. Pool objected the noise
made by tho rolling of the baby carriage. Mr. Hig-
ginson put ID answer that the carriage Is con-
structed TO roll over carpeed floor and had to
used 10 keep the baby quiet as II was teething fine
use OF tho carriage WAS temporarily enjo,ned and
meantime other means have had DO used 10 induce
quiet on the part OF the tco,hing infant
TUE HOUSE IN rESroSvILLE
"a lac: which seemed to me to Dc OF some impor-
lance in this case is, says Judge Van Hoesen in the
opening part Of his decision, 'that night when
tho Defendants wife, with bare feet, walking up
and down the floor carrying the Child the noise seemed
10 the pIainuf SO loud ana unbearabie that he
Knocked upon the ceiling 10 warn the deen that
IL nust cease that fact appeared 10 me 10 show either
that the plaintiffs system was in highly irritated
state else that No. 6S Madison avenue Is
built Ike the houses in Pentonvilie described by
Thacke ray whore you hear rather better outside
room than In. OF course the plaintiff has been greatly
annoyed by the nsise Of the carriage, and probably
injunctions have been granted where the complain
anita have moi suffered greater inconvenience than he
has. But every one OF these cases must stand by
ITSELF and regard must be had to the locality and to
tho nature OF the use OF tho property which makes
the noise, we'll as to tho effects produced thereby
The noise must DO re al, not mere annoyance per-
sons Of iastdious tastes, but such would likely
ssnsbss Soa ooy be- Gv o
seal discomfort, but II must be unreasonable.
GROUNDS INJUNCTION
'sThe business OF tinsmith carried ~
continues Judge Van Hosscn, ''at unreasonable hours
nor will a band OF music DO permitted to annoy by
playing nssr u dwelling house twice a week tor two
or threo hours At u time Tho ringing OF chimes
OF church bells has been restrained by injunction,
ana gentleman who had hired u stable
next 10 the wall OF dwelling house was epjoned
from keeping mis- three horses It because the 3ise
the horses the occu OF the adjoining
house. II was held That tho Keeping OF horses In
Rouse SO situated tha their NOISE would prevent per-
reasonable use OF The stable property.
THE RIGHT TO QUIET
Gin determining whether the noise should DO
stopped by Injunction the test whether do.
iendant Is using his property Tor lawful proper
purposes but is whether the OF the properly Is
peace and quietness. Taus the business OF u tin
smith, the keeping Of horses, the playing OF music
themselves; but AZ every has right to quiet
ness ana freedom from noise 1t is unreasonable in
view OF that right that these things should be done in
sucn way that the neghoors viii DO deprived OF tho
resi- ana the auletuao essential to the Tree enjoyment
various causes have combined to bring about the |
crowding OF nnnbers OF people into one house.
Poverty forces the poor INTO !enemant houses and
fashion lures tho well TO 10 into French Hats
ONLY ONE LAW.
''But shere can be tor the two classes oil
dwellings,, or perhaps might say for both varieties
OF that species OF abode called apart houses. The
restriction OF she use OF baby carriage IN French
fiat would logically be followed by The prevention OF
the use oil sewing mach,nes In tepc menr houses. |
Certainly the noise OF al ordinary sewing machine |
must be quite as offensive as that OF paror car. |
riage ana the day aoorer needs rest and Sleep quite
as much as the dweler In French fiat; ana yet 40
man would approve the snJOining oil the scam
stress from stealing lew hours from night |
for the pursuit OF her trade II IS true |
that no iaborer is likely to complain
Of any disturbance OF his sleep; Tor 'weariuess
snore upon tue flint wnsn FESTIVE sloth Ands the down
pillow nard But that consideration docs lot change
hundred gathered under roof q nd selects as hts
home house 40 f,msiy built that the tread of
vibration TO be complained OF by those living gu the
floor below he cannot expect the immunity IRON
house occupied by his family alone,
nor can he restrain other occupants from any
good ne!ghborship and with reasonable regard Tor
the comfort Of others. IL the rocking oil cradle, the
wheeling Of u carriage, the whlrring OF u sewing
machine or the discord OF III played music disturbs
the inmates Of an apartment house. roliet cy in
Junction be obtained unless tho proof be clear
that the noise unreasonable and made without due
regard to the rights and comfort of other occupants
APARTMENT HOUSES.
"rhe situation Of the jewellers in apartments, while
II has It's advantages, must be in some degree less
agreeable than that OF tnose who occupy whole
house Thcy cannot expect tho same quiet anu ro-
pose Tho lives in "a hotel must not
be surprised II reused from sleep by the heavy
Of some guest passing by his door unreasonable
hour Nor ought the plaintin TO have been surprised
by the use OF any ordinary means which the defend
ant might employ to l9l his sick child 10 sleep
No man has right To such immunity from noise that
hts neighbor cannot stir IA bis own room.
JUDICIAL CONCLUSION.
"There Is nothing In the af iaviis TO lead to the
conclusion that the defendant, IN having tins
riage instead Of q cradle, made use OF his apart
ments which, In view OF the plaintiffs right
TO quiet ana roposs, was uureaso naDic. IL ~
probable that cradle swinging upon pivots
set IN stationary standards would have answered tho
purpose we'll as the carriage, and, rs make
noise, good negnborship mi ght suggest the OF
IL As matter OF law however, II the dele ndant him.
self sick Obliged to walk the Jor all
night through pain, tue painnn would have right
to insist that he should put INDIA rubocrs AS
been said, each must stand by itscif aud when
people indulge their inclipatious to be gregarious
they must not expect the quiet that belongs soil
tuur. The injunction mus De dissolved, with SO
costs to defendant, Hieg,nson."
MRS. BASSFORD'S DOGS.