The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-07-17
SILENT NOW
IS The ORGAN
TEMPORARY INJUNCTION CON-
r1NuEp BY THE COURT.
In His Opinion in the Equity Case
of Colonel Herman osthaus Against
James Robinson Judge Edwards
Decides That the Organ Operated
in Connection with Robinson's
Merry -go-round Near Nay Aug
Park Is a. Nuisance-0ther Court
Matters of Interest.

opinion yesterday in the equity case
IL Colonel Herman Osthaus against
Games Robinson. The purpose of the
huit was to restrain Robinson from
playing an organ in connection with
his 'merry-g -go-round." near Nay Aug
park. Judge Edwards continues the IN
junction heretofore granted. The opln-
ion follows.
The plaintiff complains of the operation
by the defendant of of IL musical instfn-
mcnt attached to the devise commonly
known as a "mcrry-go -go-round.'
On the allegations of the bill and the
aiiidavits, we granted preliminary m
junction. we granted 81 preliminary rule
to continue tho injunction voliminous tes-
tinony has been taken. thirty-seNen VIII
ncsscs having been sworn on both SIDES.
As is usual in cases that are warmly con-
tested, witnesses differ materially III their
views Of the subject matter In Contro-
versy. They swing along the line OF dis
pute from one extreme to the other.
In the present case. several of the de-
fendsnt's witnesses who live just as near
to the merry -go-round' as do some OF
tho plaintiffs witnesses testify that they
arc not in the least annoyed by the
music of the organ complained of. bur.
that on the contrary. they are delighted
with it. Many of the plaintiffs s witnesses.
OH the other hand. say that the noise
from the organ is excrucating and nerve
racking: that it is unusual. loud. harsh.
discordant and ll-timcd; that it aggra-
Yates illness. rctaris recovery. and dls-
t,irbs the peace. quiet and comfort OF
home life. and that II injuriously affects
the value of property.
CAUSE OF COMPLAINT.
After full consideration of all the
Testimony We have no hesitation in de-
Gliding that the plaintiff has Il just and
substantial cause of complaint and that
the preliminary injunction awarded should
be made permanent. AS the case was
fully heard on the rule to continue the
injunction we shall make some specific
findings of fact:
L. The merry gO-round' in question is
located near the entrance to Nay Aug
park. 1t is not on the park grounds. The
Immediate neiEhborhood is of purely
residential character. While there arc no
residences in the same block as the
"merry-go-round' neither are there any
business places as was suggested by the
questions of the defendants counsel
The business consists of soda fountain
stand, photograph gallery and ice
cream establishment. IT is safe to state
that the neighborhood in the vicinity OF
the park, for several blocks, is. and will
be very largely, if not altogether, resi-
dental.
= The "organ'' or musical instrument
attached to the "merry-so-r round is con-
str,cted on the plan of a pipe organ
Steam is the motive power which moves
the merry go round" the revolving of
which in its turn furnishing the power
for the organ. 1t cannot be successfully
maintained that this organ is not q MT
steal instrument in the proper meaning of
the word: but. it is very apparent that
tc tod nr q
it is of such a quality. that it's tones are
loud and sharp. and of a metallic char
acter. The strongest proof of the dis
turhng effect of this instrument is to
be found in the fact that it can be heard
a ling distance away. Nearly all the wit
,Iesses agree on this--those for the de-
fcnse well as those for the plaintiff.
DISTANCES GIVEN.
The distances given vary from 800 to SpO
feet and from two to six city blocks.
This one fact along condemns the instru-
ment as a disturbing agency and NUS
ance in the residential neighborhood. The
moment a witness testifies that he can
hear the organ distinctly at a distance Of
300 or 400 or 800 feet. that moment he de-
clares 1t to be a nuisance. The writer of
this opinion. since the hearing in this
case, had occasion to visit place where
the 'merry-go-Tound' revolved nearly all
Gay. ana Win very lttie lntefmlsslon IN
the evening.
He first heard the music when about 10
feet from the building, but could not
distinguish any particular tune or selec-
tion until he approached the building
closely, and then tones came soft and
low. The nearest residence was about
$50 feet away and standing there the
writer could not hear any sound from
The direction of the merry -go-round."
This instance is given as an illustration
Of the proposition that it is possible to
operate "merry-go-round' with its
accompanying organ without disturbing
the neighbors in its immediate vicinity.
But in the case at bar, the organ COM
planned of was undoubtedly a nuisance
and seems to have been toned so as to
attract the attention of persons a long
distance away.
,. The allegation of the bill that the