The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-10-04
DEADLY CAR WHISTLE
Bayonne Citizens Ask Chan
Gerry to Abate the
Nuisance.
MORE THAN A BLAST A MINUTE.
Engineer Brooks Appointed to
Ascertain How Much of the
Screaching is Necessary.

Vice Chancellor Van Fleet had before
him in Chancery Chambers, this morn
ing. novel suit. 1t was bill for in
junction on the part Of Timothy Y.
Brown against the Central Railroad Com
pany. the Philadelphia and Reading
Railroad Company aud the Lehigh Val
ley Railroad, seeking to restrain these
companies from infitctinq on the citi-
zens of Bayonue the nuisance of being
disturbed in their slumbers by the
blowing of the locomotives whistles.
Colonel Charles W. Fuller, represents
ing Mr.. Brown. said that the orator. Mr..
Brown. has been resident for twenty
five years in Avenue A, Bayonne, near
railroad bridge used by the three COM
panies to transfer freight across Newark
Bay to Elizabethport.
Continuing, he said tnat for years past
end especially TO. ths last six years, your
orator has been continually annoyed by
the blowing aud the screechlug of the
steam whistles on the locomotives be-
longing to the defendants at all hours
of the day and night. and this without
reason or necessity. That the sail
whlstling has caused your orator all :
noyance preventing sleep and some times
ordinary conversation. That said wnis-
Ting and screeching iu the night time is
continuous. averaging more than one
blast minute and has become an in
tolerable nuisance"
THE COMPANY MAKES VAIN PROMISES
Mr.. Brown declared that he had made
frequent appeals to the officials of the
company for relief, but they promised
and did not fulfil their assurances that
ri ha ha Ibo
Mayor and Council of Bayonne. too had
passed au ordinance in refe renee to tho
whistlIng, but Mr.. Brown admits that i5
was not enforced to such an extent as to
bring relief.
Mr.. Brown insists that sickness has been
caused by these abnomlnabie screech-
ings OF locomotives whistles. Finally
he asked that your honor will stop this
noise, which prevents person of ordi
nary sensibilities froai sleeping between
the hours of eight O'Clock in the evening
and seven O'Clock the next morning."
All this takes place on the bridge cross
ing Newark Bay. where freight trains
are continually passing. and often staud
ing theIe for hours when the locomo-
lives keep up horrid din with their
whistles.
The bridge is two miles in Length.
Whilst counsel was reading his bill a
large number of Bayonus citizens flied
into the room and took their seats be,
hind huGa- map-Mhich Counsellor
Fuller had spread on n frame to instruct
the Vics Chancellor in the geography Of
Bayonne.
Counsellor j. L. Conover for the
Central Railroad Company. after Col.
Fuller had finished his story, read his
answer, which stated shat, business had
increased so much that at the bridge 1t
| was necessary, for proper projection to
hQ n IA
tinuallV use the whistle aud pell Couu-
sci replied further that at the bridge
! there were many crossings. renderi ng In
sine qua non that the whistle aud
bell should be used repeatedly. The
company Is willing to do ythiug
to remove a nuisance; but the State law
governing the railroad companies makes
1t imperative that where d large number
of trains are constantly passing over
public highways the use OF the whist g
aud the bell must be enforced, This is
not done TO disturb Mr.. Brown or any
other resident. but it is necessary to
adopt every means to protect life aad
property.
TAKING TESTIMONY.
The first witness called was Enmons
Smith ex-City Surveyor OF Bayonne, who
produced maps of the City OF Bayonne
aud the location of the briuge and tracks
of the railroad companies in that vicin.
ity.
Mr.. Timothy Brown, the complainant
followed aud he reiterated what has
already been said about the whistle
blowing nuisance.
When Mr.. Browns testimony was con-
cluded the Vice Chancellor su ggested
that the case could be amicably settled
since the railroad companies seemed dis
posed to abate the alleged nuisance as
farl as consistent with the requirements
of the statute governing them,
When all the lawyers had talked about
the matter, it WAS finally decided to
appoint some one who would report as
to the number of tra1ns passing over the
bridge and the interval between each,
the number OF blasts from the en-,
gines and other data upon which
au order from court can be
framed. The Vice Chancellor suggested
the appointment of Mr.. Donnelly of the
Lehigh Valley Railroad, bat afterwards
said that 1t were better il some one out-
side was named. Colonel Fuller sug-
gested Mr.. j. H. Brooks, forme rly ct the
New York Division of the Pennsylvania
Railroad, and his name was agreed to-.
Counsel will report 10 the Vice ChanceI-
lor whether Mr.. Brooks will or will not