Marietta daily leader. (Marietta, Ohio) 1895-1906, 1899-02-10
CHURCH WINS.
CONTINUED from Second Page)


unable to say, and yet it is evident to
me that some of the witnesses believe |
Vt is due to that cause.
Mrs. Dye, and others who board with
her. are evidently of the belief that the
cracking of the paper, and possibly the
walls in the house, Ga house that has
been recently constructed) was partly
due to the operation of this plant
Whether or not that is true, Of course,
the evidence does not show. That be-
ing a new house, it may be due to 9th
er causes.
But the evidence shows that there
are trialng injuries to the property
from the operation OF this machinery,
as, for instance, the breaking of the
globes on the chandeliers and the Jar
ring OF the furniture In the house, and
the house itself, More witnesses tes-
tilted as to these results. One lady tes-
tified to having II globes broken on
her chandeliers, resulting from vibra-
ton from the operation Of the
machinery which is fully as far re-
moved from her property as the pro-
posed plant will be.
Now these are results to the proper
ty itself, you may say; and IL that
were all-if those were the only evil
Elects resulting from Uhe location of
this plant-I should still hesitate to
enjoin the City Council from making
use of the lot that they own adjoining
the city building, as they now propose.
But these were not the only evil re-
suits that were complained OF, and in
order to entitle the plaintiffs to the in
junction, it is not necessary that the
nuisance result in an injury to the
property itself That's not necessary.
1t is true that if it does work a sub
stantial injury to the property, 1t may
be cause for Injunction, but in this
case the rule usually is that before the
parties are entitled to the injunction
they must first sue for damages.
But the rule is different where the
damage is not to the property itself,
which may be comprehended in the
DANCES, but is the enjoyment and use
Of property. And now the plaintiffs in
this case allege that the. establishing
of this proposed plant will be a nuis-
ance which will result not only in in
irrv IN tho nrpnortv itcalf hut to tb q
enjoyment Of the property and to the
comfort and convenience of the prop
erty owners. Now what does the evil
dence show as to that fact? Have the
plaintiffs made out that part of their
case? And in determining whether or
not it will be an annoyance to the
to consideration those of the strongest
nervous temperament, nor on the other
hand, are we to take into consideration
those Of the weakest temperament,
those who are most easily disturbed,
but 1t is the average person of average
nervous temperament who must be
dence show? The evidence shows that
these vibrations do disturb people in
their sleep, and not only single per-
son, and not only person of specially
nervous temperament, but l think the
| evidence shows that it disturbs the
people generally. l noticed that one
witness said that it did not annoy him
particularly, but he said it annoyed
his family and sometimes he was COM
PEELED to get up and go upstairs and
put paper under the table legs. An
other said they were compelled to
wedge up their windows with matches
and sticks and wedge their doors, and
chat they were frequently annoyed
during the night by the rafting of the
windows. One witness testified that
the vibrations were from certain di-
rections; that if he turned one way it
was lengthwise, another crosswise.
am speaking now of the vibrations.
That, however, is not the only one
complained of. 1t is also said that the
operation Of the present plant throws
off kind mist or condensed smoke
which is very annoying to the people
in the community, and which, from the
evidence, extends for two or three hun
dred feet One lady, two or three hun
dred feet away, hoisted an umbrella
because she thought it was raining.
She finally discovered that it was sim
ply mist or condensed steam from
the plant. The evidence is conclusive
that the spray OF condensed steam is
not of a clean character, but that it
soils everything that 1t touches. That
is the testimony of all the witnesses,
and the. defense nas not offered any
testimony to show any other condition.
But the testimony shows that it is a
greasy, oily substance, which appears
to soil and blacken everything that 1t
touches. And to say nothing of the
black character of it, it is certainly an
inconvenience and a great discomfort
TO have this mist fal.lng about the
premises of those who reside in the vi
cinity of the plant. This, of course, is
Turing the night season. Take it in
he summer time, when the people de-
ire to sit on their porches, witnesses
Aere described it as wetting their
clothing and making it damp.
1t is said, however, or intimated
Jere, that all these Inconvenience
may be remedied, and will be in the
construction of the new plant. / am