The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-07-17
PRESIDENT POOLS PARL0R.
utpK UyENJOrtBLk, H ~ SdTn ny
rfiKEa- WHEELED MANY BACON


s,tt.d Ipnn 10 stop the Wheeling Of the
c,,rtnge Mr. and Mrs. iiiaxinson's Deni"i
rhc loynl contest over the right OF tho nth
49,, IN soo,bc infantilc SORROWS in q baby wagon
~ ,hc heads ol tho fourth story iaa momrntous
,f,rdwrllrrs in French iluis. The arg umrnton
vn,,mrornry Injunction granted by Judge Lar
-, to r,strain Stephen HigEinson. an i'm
.,,,,r and his family from wheeling baby
,.,yieac In the nth story ot the French fiat
80, at Cg Madison avenue to tho annoyance
.tpr,aid,.n nj Joarph Pool. of the Manufacturers
snI Merchants Bank. and his family. who oc-
n,nv the story below. came mp Yesterday In the
c,,,ron plcas at Chambers, before Judge Van
u,scn Mr. Thos y. Wentworth appeared for
pr,sil.nt Pool and rend u formidable list Of pa
,,rs The plaint aVts out that President Pool
a,s ,uarlntccd by his lease quiet and pcaccable
,,.acSsion ~ his apartments ut GS Madison ave-
npe for which he pays 81 $50 n year; that Mr..
Uiycinson who occupies the apartments immc-
datcly overhead. has continuously. during
m, dey and often at night and late ut night.
and very early in the morning Of each day.
,,liNl or caused TO be rolled or propelled. and
ain continues TO roll or cause TO be rolled or
rropelod in his apartments "A heavy cart or
wagon upon an uncarpeted door Of said liggin-
sons apartments. thereby causing. creating. and
maintaining great noise and confusion. with the
intent and design II annoying and disturbing"
President Pool his family. and guests, well
knowing that said noise and disturbance SO
creaie, as aforesaid greatly damages and in
,ure4 President Pool. his family. and guests.
President Pool further alleges that said noise
and disturbance Is intolerable and unhcarable.
and INJURIES the health and comfort Of the plain
MI ami his family and guests and Interrupts
the quiet and pcaceabe enjoyment " his apart
menis and otherwise Injuries and damages the
plaintiff" The complaint proceeds TO aver that
Mr. Coleman. the lessor, and Mr.. Higginson
have baen notified repeatedly " the annoyance.
and requested 70 abate IT, but they have failed to
do 50. President Pool therefore prays that Mr..
Higginson and Mr. Coleman may be enIoiued
from continuing the annoyance.
The aili lavit Of Mrs Hattie T.. Pool approves
he allegations Of her husband. in his AFFIDAVIT
annexed To the complaint. says the noise is in
furious 10 her health and that II the family ;
that being kept w all day. it prevents her from
taking the rest in the day time made necessary
H. being kept awake nights by the rolling Of the
wagon. and that she notified the IIigensons Of
these facts but. with the exception Of a short
time when rubber rollers were used, which nave
since been removed and the old ones replaced.
J.
Mr.. Pools housemaid. says also that the noise
was SO great that no one could rest during the
day nor early morning. or late at night. She
has known Mrs Poo and her guests to be
driven from room 10 room by the Noise Fred
orck II. jerks. the janltor. says that more than
once when Mrs. Pool was suffering from head
ache Mr.. Pool asked him TO request the Hig-
Riusons to stop the noise. which he did but Mr..
Pool afterward complained that the noise was
not stopped. He mad himself heard IT, 1t was
a loud and rumbling noise. Mr. Pool had come
e. him, IN the middle OF the night aud COM
planned OF II. At the request OF Mr.. Coleman he
look of the metallic wheels and substituted
rubber ones and while they were on he heard
no complaint; hut Mrs. Higginson afterward
sent 10 him for the metallic wheels. saying that
che WAS going to the country and wanted them
but he has since learned that she put thom on
carriage has three wheels made OF lignumvitsp
wood the front wheel ia on swivel something
like metallic castor. Charles W. Adams says
that he and his wife have been frequent visitors
at Mrs. Pools. and that he is fully acquainted
with tho noise complained of; that IL WAS n
harsh grating sound. rendering any quiet and
peaceable call on the plaintiff impossible. and
IN his opinion making IL mpossi hs to tn ke ordi-
nary rest during its continuance. and destruc-
tive II peace and quiet.
Mr. Wentworth argued that nothing which
prevented the proper enjoyment 10y President
Pool Of the apartments for which he paid rent
shouli be- permitted by the Court Mr.. II ggin-
s"a and Mr.. Coleman had st w that President
Pool had complained that Mrs. Hlgginson.
walking the floor Mt night in her bare feet while
soothing her baby to rest. was nuisance. How
much more, then. must the rumhling Of this
wheeled contrivance over their heads have an
Mr. John j. Post read the answer Of Mr.. Hig-
ginsOn. II is In substance that the rolling ofthe
baby carriage could not have been nuisance.
1t was small affair weighing only nine
pounds and had been procured 10y ph Musician =
order because the baby which was sick could
not be lulled TO sleep in any other way, and
- a 1AnrL 80 =
were peeyish. nervous, sensitive persons. such
as never ought, to live in comments The Hig-
ginsOns had done everything to please them.
and # they had made any noise Il was done IN
noc-ntly. and without any intention u annoy.
when complaint was first made they had the
carpets taken up and triple lined by Newait $
workmcn. and padded 30 that no noise whatever
could be heard below
The affidavit Of Mr. Coleman. the lessor Of
tAe building. who Is sued In connection with
Mr.. HigginsOn. AYERS that he has done every
thing IN his power to make harmony between
IL" tenants. and enable them to enjoy their
Respective apartmenis in peace, II was nj his
suggestion that Mr.. Tigginson had his carpets
relined in November or December last. After
ward, when further complaint WIS made. by
consent Of Mrs, Higginson he had rubber bands
placed around the carriage wheels TO deadcn
Tie noise. In the construction OF the building.
pains were taken to deaden the floors in order
4 prevent the transmission OF noise. and every
thing reasonable had boon don" and no Npehse
tplr"d 70 make the apartments pleasant TO each
u NE tenants.
Mr.. Igginson's AFFIDAVIT AYERS that hs wnA
d. oi the first tenants in the house when Il
WIS finished in September. 1876; that he has
kl"ut u large amount of money in furnishing
ils apartments so IA 10 make them convenient
1nd enjoyable; that his family consists OF him
t"i AMI his wife. two grown children and I'm
iAlant fifteen months old TINT about last No
Nrnh"r hr purchased whnt was known ns a
llfpr hHby carriage, which WAS not an Ordl-
nary carriage or wagon used for street pur-
l''"- with iron bound wheels, hut had wooden
Wh~cl-. intended to roll over carpets without
much friction. The vehicle alleged 10y Mr. Pool
"a nfaLs a ltsTT D d a
Ithlius noise. was only two feet long and
N"'Sh"i only nine pounds, In March last his
IlNd Wts tsethlng, and had n consequent fever.
u""h accustomed to be put to sleep 10y the roll
inS motion u this carriage, and the physi-
euA prescribing ms much rest and sleep rs
LS'lN", II became necessary to use this
turhsr much more frequently than before.
~ uiE"i'l MS servants - roll II as lightly M
p'oaluir hui they did 80 roll 1t that even in the
s"HiT room no vibration or perceptbe nOls -
t'"' pf heard. Tho carriage was rolled for
n4i' thHl trec weeks after II was bought with
~. lN' ROOFS knowing anything about II. ana
s"i'Hs lhhi time they made no complaint; but
y soon hs they discovered that Higgnson had
Nt"y complained to Mr.. Coleman and ut Mr.
Kh'h ne recommended tn dcadrn all sounds
mat could arise from it, II WAS found limos
slhr 10 roll the currlage over the cnrpnt wit h
l'e rubber bands around tho wheels. because of
Hee.Ogging, and they were removed.
Mrs. HigginsonS AFFIDAVIT HVrrs Tint II any
rai rage, II was no greater than that produced
% the playing OF pianos and other musical
Instruments and by singing and dancing. AL oi
Rh'h Wcr. done in other apartments without
phl"tlon. Both Mr.. and Mrs. Pool were of an
lIhp" disposition, and were continually ind