New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-09-29

The Great Fence Question has been settled. M
least in so far as the decision Of Justice Barrett
can settle IT, That there will he no appeal II
would he rash AID premature to assert That
the vital matter involved may not he brought
before the courts in some other way no one can
venture 10 predict who has the remembrance or
rho famous Jones County Calf Case in mind.
In that case the original value Of the calf was
nerhaps So 30, but the litigation in various phases
has gone on for nearly Il generation and involved
the expenditure of thousands Of dollars. Ii may
Inc that Mrs. Groh's fence is foreordained to take
rank with the Jcnes County calf. though. to be
frank we must say that we see no signs OF 1t at
nrcsent Justice Barrett, with the dignity and
Immortality which all are ready TO applaud upon
rho bench has given judgment for the defendant
T., tho fence litigation. and the first chapter in
tho story Is ended. Whether "Finis' can be
vri,ton as regards the case in its entirety re-
mains 10 be determined.
Ncxt-door neghbors ought to be neighborly,
I'm, what ought TO be unfortunately not always
* Mr.. Wolf and Mrs. Groh occupy adjoining
houses in West Nnety-lirstst., and it Is alleged
that the latter contrary to general understand
ing among the occupants Of the block. added
three-story extension to his house nearly filling
his backward and containing windows overlook
ing all the other yards and commanding view
~ tho roar windows Of the adjacent houses.
Tho rrichbors naturally demurred. and com
MANNED that their privacy had been sadly inter
forcd with: and Mrs Groh in self-protection de-
,ermined 70 erect a high Iron fence along the
edo Of her rear yard, the effect of which would
bc to shut off the light entirely from the win
dovs ON one side Of Mr. VOLTS extension. This
H. Lo1 ont r,t,tnI
and ne applied to the Supreme Court for an in
junction to prevent the building or the renee
On Thursday the case was argued Deiore JUS
tice Barrett, when the lawyer employed by MI.
Wolff rose TO the occasion in rasnloh that can
NOT but make his future in the profession sure
He declared that according to law no wooden
fence mere than 10 feet high could be built, and
from this drew the deduction that as no mention
was made In the act of iron fences. therefore IL
would be Illegal to erect such fence under any
circumstances. Strange to say, this novel ana
striking Interpretation Of the law failed TO I'M
press his Honor. Justice Barrett, who, for some
Incomprehensible reason, maintained that as
tbere was nothing In the statute to prohibit the
bullding OF an iron fence, 1t could be no onence
In tho eve Of the law to build It, This Is equiv
o,ont IN saving that Mrs. Groh, II she chose
might huild n fence around her backyard as high
os tbe Tower Of Babel. and no one could say her
nav This construction Of the statute was clear
~ a Touchdown blow to Wolffs learned counsel
and naturally he subsidized.
As the matter stands, the Supreme Court has
held that the proposed fence Is not public
nuisance All the neighbors agree that Mr.
VOLTS extension is a nuisance, and presumably
they have about the same opinion OF that gentle
man himself II Mr. Wolf wants to set himself
right In West Ninety frst-st, We advise him to