Sierra County advocate. [volume] (Kingston, N.M.) 1884-1960, 1886-04-03
LEGAL NOISE.
what the Law Allows and what I. Con-
riders Nuisance.


what the Law Allows and what II Con-
siders "A Nuisance.
Every good citizen is interested in
showing how much noise the law viii
compel him to endure at the hands of
his neighbors without redress, and
many citizens who are not good will
doubtless dixie TO ascertain how much
noise they can inhict upon their neigh
bors without fear Of punishment. Sew
eral decisions bearing upon these
points have lately been made by the
courts. One broad principle well
established in the law of noise. both in
this country and England. curiously
illustrates the serious bent of our
Anglo-Saxon nature. and that is the
sharp distinction drawn between
money making noises and those which
are made in the pursuit of pleasure.
The law is tender to a steam engine or
boiler maker, and will allow them to
disturb whole ncighborhood with inn
puUllN, bul u - s'N'iN uFpIi /" ""
band or n game of skittles. The good
citizens must be very wary about play
ing bowls or skittlcs in populous
places, The Italians order this matter
differently. and restrain blacksmiths,
boiler makers, etc, within somewhat
close limits as to time and place,
whereas they allow musical merry
makers to make night hideous or beau-
tifnl, as the case may he, without any
restraint whatever.
The dog, in English and American
Jurisprudence, stands upon the border
line, because he may be considered IN
either aspect as kept Tor use, when
watch dog, or for pleasure, when re-
gardcd merely rs "A companion or an
ornament. Here, however, we run
against another principle OF the com
mon law, according to which dogs are
persons. For instance, 1t Is
unlawful for farmer to shoot an
others dog who has eaten his sheep,
provided it be the animals first OF
fensc OF that KIND; Tor the dog who Is
young in the sin OF sheep-killlng may
repent and lead respectable HE
but II he has already been
of the crime, then 1t Is law
tul to shoot him In other words AS
Lord Mansfield once sad; "lhe law
allows every dog IN England one bite
at 4 sheep.
1t has, however, been held that "the
noise produced by Il dog barking III the
night is nuisance, and that man
may shoot the dog and abate the nui-
sancc when on his own premises That
is. we presume, when on his own, the
shooters, premises, for it has never
been lawful for man to stand
ln his own premises and shoot |
a dog i'll his neighbors yard.
A great Judge, Lord Ken
ion, held that dog barking al night |
IS not nuisance, but II Is doubtful II
his would be considered good law at
he present day, According TO the
definition given by one writer. noise
$ nuisance when II is unusual, III
lined or deafenlng. lhs Is plainly
Incorrect, for the noise OF nlghtln-
gale in the streets OF Boston would be
unusual, but hardly q nuisance
some very "ill-tmed noises are also,
n the eye OF the law, not nuisances
Thus IT has been held IN the case OF
'ool against liigglnson and DAILY That
t Is not nuisance for the parent OF
IN infant suffering from cole to trun-
He baby carriage all night IN
over the head OF
nervous bachelor editor inns noise
nay not have been unusual and per
laps was not deafening, but 1t would
NJ an abuse OF language TO say That IL
vas not "ill-timed. " Probably what
aved the parent in this case was the
act that the noise was useful, for the
'vidence tended to show that the baby
vas relieved by the trundling. On the
'ther hand, useless noises, "such as a
concert we quote from decision OF
he Supreme Court of Massachusetts,
although they disturb but a single per
'on, may constitute nuisance IL
las very properly been held that a
show having brass bands when con
inued two weeks, Is nuisance, II
$ not likely that many people Will
quarrel with this decision.
~ vibration. If man attempts TO
dwelling-house Tho law will restrain