The sun., 1891-06-19
CORPSES NEXT DOOR, NOW.
NEIGHBOR ROWLAND AT Law WITH
NEIGHBOR MILLER AGAIN.

First it was Axe Arni..t Fence o.. the
Madison Avenue Corner = Hatcher
Moved In and wns Moved Out-New
There. an Undertaken, with Facilities.
And II 10 agreed that budnfs other than dwelling
house, at least stories high OF brick or sfone or
churches or cbapes or private stables shall be erected
on any ~ said lots and that there shall not be allowed
a, on .pr mart OF said lots OF land any
to,ss brewery or lager beer saloon tavern slaughter
house butchers or smiths shop forge furnace steam
engine. foundry. carpenters carriaFs or car thop'
mandatory Of metaia gunpowdef. glue, vsrnHh VIZ
riot turpentins ink or matches or any dhuiery. or
any other establishment for dressing hides skins or
leather or any museum theatre eireus or msnsrerie
nor shall any 0 her building be erected or trade or
business oarriei on upon said lots when snail oe IN.
furious or offensive to the neshtoring Inhabitants
II that restriction agreement Is not tho
cause OF all the trouble. IL has proved INST
class crutch for lame FOO cd dispute TO lean on.
Sarah Burr made the restriction In 1866. when
che sold the lots In tho west haf OF the blocE
between Forty-second and Forty-third streets
and Madison and Vanderbilt avenues She in
tended to have that bali OF tho block fr-t-
class residence district. and for time 1t was.
Tho Church ot,he Holy rinity is on the south
west corner. an, tho space north o' 1t TO Forty.
third street is occupied BIZ Ono dwelling houses.
Alter several trans ers, the building at 33l
Madison avenue. which IL on the corner uf
rorty-third street was bought by DR.. CHARLES
W. Miller. Mr.. Thomas F. Rowland. an iron
manufacturer. lives at 329. which Is owned BY
his wife.
Tho Rowland lot ani the Miller lot run 100
feet back from the avenue. but tho houses ara
not 80 deep BY q good deal On tho lot east OF
Dr. Mi!er's In Forty-third street is the chapel
Miller one day TO bnih II two. story addition to
his house to occnpy the vacant part OF his 10,
nextto the chapel. At the same time he altered
rooms. The addition which he built lacked
about three feet OF occupying BIS entire iot. 80
wss ns s tp , es.a. an alley mi: Ss; hn
clear across his lot to tho Rowland lot.
Dir Rowland did net npprovc OF The builStns 4,
north, Of Forty; third street from his pack yard.
shut S Oh Oh the cool nor!herly breezes which used
70 blow lnt2 his windows in summer When
Dr. M;T lei the s'y i.ncs vas too
fence between the chapel and the Doctors a Sd. q
OF encroachink on his lot with the side wall Of
the b. " n1n ss H doSn
E1oeked 0%ni it ov DOWN. II Then NJ. R"Wand hired
,bs 70 soo wsn
hs sonnx axi man @ ana
nIGnt tnef6 was DOtnlnH itIt Dut
lot. He had his lot surveyed. and fopnd that
DR.. Miller had encroached = OF an inch ., ono
Then be sned the doctor for damages. and the
Some time after that DR.. Miller rented one Of
his little storerooms to Q butcher. Mr.. Row:
on the restriction clause in tho original deed.
and the butcher had to move.
On tho Isl OF December. 1890. DR.. Miller lot
bis whole house. eHcent the two storerooms In
the addition. to the Taylor Company. under.
takers and manufacturers OF nndertaEers'
supplies. This company fitted up the house as
p,iyate chapel. whore corpses could be kert
services MT, s"Hd could be be 10 held for People Who
lived in flats or hotels and had no suitable
private place. In the basement they fitted up
room for embalminR. Tho embalming table
Is a marble slab over porcelain bathtub.
They sent ont circulars to ply slclans IN which
where nu'opsies and post-mortem examina-
The result IL that now Mrs. Rowland has
brought suit for Hn Injunction against the
Taylor Company and DR.. Miller under the last
clause Of the restriction agreement. claiming
offensive and Injurious TO her. In their m
swer tho Taylor Company, and DR.. Miller
alleSe tha, The character of the block is 80 en-
tlrely changed since the date OF the restriction
agreement that that agreement cannot now he
made operative. They also say that there is
AMI has been for years s9lSop 70 on the block
e,Hn men.. While hs undsriakins business s Is not
The ras. will be heard by Judge McAdam at
1OS o'clock this morning.