Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-03-13

what the Law Allows and what is De
clareS a Nuisance.
From the Boston Advertiser, Feb. p.

From the Boston Advertiser Feb 81
Every good citizen is interested in knowing
how much noise the law will compel him to en-
dure at the hands OF his neighbors without re-
dress, and many citizens who are not good will
doubtless like to ascertain how much noise they
can infiict upon their neghbors without fear of
punishment Several 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 Eng
land. curiously illustrates the serious bent of
our Angio-Saxon nature and that is the sharp
distinction drawn between money making
noises ana those which are made in the pursuit
OF pleasure The law is tender to steam
engine or a boiler-maker, and will allow them
10 disturb whole neighborhood with impunity,
but it is severe upon a brass band or q game OF
skittles. The good citizen must be very wary
about playing bowls or skittles in populous
places The Italians order this matter differently
and restrain blacksmiths boilermakers, &c,
within somewhat close limits as to time and
place, whereas they allow musical merrymak-
ers to make night hideous or beautiful, as the
case may be, without any restraint whatever.
The dog. in English and American jurispru-
dence, stands upon the border line, because he
may De considered in either aspect-as kept for
use, when a watch dog, for pleasure, when
regarded merely as a companion an orna-
ment. Here, however, we run against another
principle of the common law, according to
which dogs are privileged persons. For in
stance, it is unlawful for "a farmer to shoot an
others dog who has eaten his sheep. provided it
be the animals first offense of that kind; for the
repent and lead respectable lie thereafter;
out If he has already been convicted of the
crime, then it is lawful to shoot him. In other
words, as Lord Mansfield once said: 1.-THE law
allows every dog in England one bite at a
Sheep"
1t has, however been held that "the noise
produced by a dog barking in the night is a
nuisance, and that man may shoot the dog
and abate the nuisance when on his own premi-
Ses;'' that is, we presume, when the dog is on his
own. the shooters, premises, for it has never
been lawful tor q man to stand on his own
premises and , shoot dog In his neighbors
dog barking at night is not a nuisance, but it Is
doubtful if this would be considered good law
at the present day. According to the definition
given by one writer, a noise is a nuisance when
it is unusual, i'll timed, or deafening." This is
plainly incorrect, for the noise of nightingale
in the streets of Boston would be ''unuSual,"
but hardly a nuisance. Some very "ill timed"
noises are also, in the eye of the law, not nui-
sauces. Thus it has been held in the case of Pool
against Higginson and DAILY that it is not q null
sance for the parent of an infant suffering from
collie to trundle baby carriage all night in a
boarding house over the head of a nervous bach
elOr editor. This noise may not have been I'M
usual and perhaps was not deafening, but it
would be an abuse of language to say that it
was not 'ill timed" Probably what saved the
parent in this case was the fact that the noise
was useful, for the evidence tended to show
that the baby was relieved by the trundling. On
the other hand useless noises, ssuch as q concert
1--we quore from decision of the supreme court
OF Massachusetts, although they disturb but a
single person, may constitute a nuisance" 1t
has very properly been held that a "Show hav
ing brass bands, when continued two weeks is
"A nuisance. 1t is not likely that many people
will quarrel with this decision.
kindred subject is that of nuisance by
vibration. Ii a man attempts to operate steam
hammer next door IL 4 dwelling-house, the law
will restrain him. one authority states the rule
as follows: "The vibration must produce such
a condition of things as, in the judgment of
reasonable men, is naturally productive of
actual physical discomfort to persons of ordi-
nary sens1bilities and of ordinary tastes and
habits" The words in italic seem to imply
that some persons like more vibration than
Others, and are in the habit of vibrating"
themselves.
Residents in the Back Bay, who are accus-
toned to pie-driyers in their close vicinity
may be said to have acquired TIE habit OF vi
brating, but we doubt if they have any taste
for il. However this may be, the sum OF the
matter is that in the interest OF trade or manu-
features you may vibrate or deafen your neigh
Dor with few restrictions, but that for purposes
of pleasure your faculty OF noise-making must
severely be repreSsed.