The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-23
FRY'S STABLE NEXT DOOR.
MRS. REED SEEKING TO ANTE WHAT
SHE CALLS 4 NUISANCE
Great Damage to her Health aud Comfort Re
suluuR. ~ she says Under Oath, from the
Noises that the Horses make Night and Day.

Great Damage TO her Health mud Comfort Re
suitIua, ~ she says Under Oath, from the
Noises that the Horses make Night and nay.
The suit of Mrs Caroline g. Reed against
Stcrry Fry was continued before Judge Law
renee Yesterday. Mrs. Reed is the proprietor
Of n nourishing boarding school ut and West
Fiuy-third street. and Mr. Fry is the proptie-
tor OF a hourishing boarding stable at West
Fity-third street. Mrs. Reed brings this suit
to have Mr.. Fry's stable adjudgcd n nuisance.
and to cnioin him from continuing tho business
in that locality. which she claims. is filed with
ilrst-class houses. and with ono slight exccp-
ton. not occupied for the purpose OF trade or
business.
The first witness was Mmo. ST. Clair. IN elder
ly French woman. who is teacher. She
told how she had been annoyed and rendered
slceplcss by the stamping of tho horses and the
rumhling Of the carriagcrs.
Following her came Miss Whitney nieco
Of the plaintiff. Miss Whitney said that
she once occupied her aunts room for two
weeks Of n vacation. and that the noise from
the stable was very annoying. resulting in
great loss Of sleep Now she was occupying
another room and was also annoyed. The
stamping Of the horses kept hor awake. Tho
carts that came to take away the refuse early in
the morning also were disturbing. Did you
oyer hear tho carts como p asked Lawyer
Hutchns mildly, in his cross examna,ion.
was generally awake replied the witness
raising her voice a little The noise Of the
horses would awaken any one" -,
" Yes. they did. II l did get asleep they
awakened me-
were you ever awakened by the noise p
Yes. was with emphasis on tho was
II was utterly impossible TO sleep
The witness added that she didn't say she
was awakened every morning; but on an
average 81 every morning and she, stuck 70
| was awakened several times ON certain morn
ings. SO rs to bring the average during week
Their testified that her health was good. that she
WINS a sound sleeper, and that this was her first
I SVwyer Hutshins Tried 10 - entrap her into
| admitting that the numerous pianos In the
| school wcre rs noisy n tho numerous horses
| In the stable. but she replied that the pianos
| never kept her awake. and that the horses did.
| She had q narrOw'cscape from tears when
| questioned why she occupied the room she now
| DOS and yehemcntly cried g refuse to an.
swer that question. Ask Mrs Reed when she
! comes on the stand she can toll YOU" She in
! dignanty denied that she was sent there to hear
| tn noises. and thus be prepared for this suit
! Sylvanus Albert Reed. the son Of the plain
| had been in New York hut two DAYS. having
! boon out OF the city flr year, He presented
memory q yenr ago and slowed bv il the loca-
uon % the stalls in thc stable He had. he said.
| mad" study 81 physics, hrst IN columbia Col
| lc-c and for the last year ia German univer-
| sity. Ia his opinion IL was impossible 60 ami
hiate sound but in the case Of the stable. where
! the horses stood ON the second floor. much
could be done go dcaden II 10y putting partitions
| under the floor. and thus DO away with u large
| amount Of vibrating surface,
| The Plaintiff. Mrs. Caroline G.. Rood next
| testified. Mrs. Reed is large and nne-looking.
with Eht Er2w S yss sEoy hair and m n
olive green suit. with bonnet 20 match. the latter
decorated with feathers and glittering orna-
| had been driven from her large bedroom TO
small one usually used as "A sewing room. whore
| alone she could get any sleep, So great was the
noise made IN and around the stable. There
| WAS constant stamping and plunging by
| horses. The sounds were startling. There was
succession OF crushing shocks 50 that she
| was often awakened from slumbcr TO ind her
| sell in proiuse perspraton. succeeded by
| chills. ana IN the morning II would be necessary
| for "A woman to rub her before she could attend
10 her duties. She had made memoranda Of
| these sounds and their results. Here arose "A
struggle between Mrs. Reed and her counsel
| and the opposing counsel. in which she showed
| herself as acute as any Of them. the object
| being ~ get these memoranda In evidence
| Judge Lawrence would not admit them. how
| went 20 Europe in tho summer. and when she
| returned was ~ much annoyed as before eX-
| rrpt that the sounds seemed deadened some.
| Their character was changed, but not their
Last night" sail tho witness. 81 sat and
! listened 20 IA" noise. aud tried u think what Il
| rrsrWh.ed. H. made me- think ot the sound that
| would bee made hy n good many women iron
ns iu a room. aud each putting her natiron
The result u tho loss Of recuporatlyc slccp
She couuuuel had recently brought On her
| y.ry vigorous woman. Then she told how the
carts rumlled NJ al I IN tho morning. There
would he q kuo <. and sometimes many. at tho
stable door. Then tho vault IN the sidewalk
would Doe thrown open and the refuse from tho
stable pitched up 70 thc sidewalk. thence into
IN. o.,ri- while n dense steam anu a very dis
Mrs. Rood I'M her cross examination said that
she mad forty borders md 10 day scholars.
which was all TINT she could accommodate.
This seemed To- satisfy Lawyer Iuichlns who
fHHHH
school Is fuili Hcr school il hull' and cyi-
drntIy thought that II the school was full the
The first witness Tor tho defence was the
owner Of the stable building. Mathurin Living
ston. q whlte-haired man.wuh white m9uslache
aud closely cropped side whiskers who test
ned that there was four Inches space between
Mrs Reeds wall and his on account Of Mrs.
Sterry Fry ihe def"ndent looked. as he is a
man who has spent his ne with horses and he
talked So, too. for he said boss Hc. was big
aud gray. and had the firm look IN his round
| face and brown eyes such M good horsemen
usually have. He said that he had forty-siy
horses In his stables, all boarders They stood
on six inches Of straw. ior they were all fret,
class horses and belonged to the - first folks in
stables in any way. He had tried putting
manure in bags. and then into carts. but 1t
-" How many bags would there be to load p
asked Lawyer Peckham.
=" That depends on tho size Of the bag" was
-" How many Of the size you had?p
THAT depends on the siz, Of the load"
Mr.. Fry aiterward testified that he mad seen
parcels Of garbage before Mrs. Reeds house. but
b. had not paid much attention 70 the smell not
| being rs particular a. some folks. He con
fessed however. thnt he liked the smell OF d
stable better than that Of swill barrel.
Charles II. kemble who looked and talked rs
II he might be Mr. Frys elder brother. said that
he had been in tho stable business forty oil
years, and he didn't think Mr. Fry's stable
could be run any beitcr than II was He know
OF but one way Of tnking cnre OF manure 50 thai
Il would not smell AT all. The counsel for th,
defence prick"d up their ears That was 10 pu
| il in air-tiEht glass lars and seal them up.
William L. Fry son OF the defendant anl
foreman II the stable. testified further to th'
| excellent character Of his fathers stables. ant
particularly VI tho equine hoardars, whom ht
designated MS being very quiet and peaceful
and not given to stamping, kicklng, or paving
At a future day the counsel are to sum w the
case before Judge Lawrence.