The morning journal-courier., 1908-04-21
.NESBIT MAY 60 ON Judge Gager Refuses to Issue an Injunction Against the
 Liveryman. SOME CHANGES ORDERED Woman to Sue City for Injuries Re- ceivod When q Limb of q Tree Hit Her.

' Judge Gager handed down de- scision, fin the superior court yester- sday that will be of great interest to sAa great many residents in the Temple astreet district of the city The de- tcision was in the case of Mary kala- ssher, et al.. vs. James l.. Nesblt. ct al 9sThe defendant in the suit is the well Nknown livery man on Temple street ynear Grove. The suit was an old one Ehaving been carried on the docket of Nthe court since June, 1904. It was Fan application for permanent in- xiunctlon forhddlng the lveryman #from conducting stable al the place 1t being claimed that 1t 'byas unhealthy and nuisance gem seralS, Judge Gager says that he 4 l!nks the place has been run with .{reasonable care and with certain s{eninor provisions as to the care and .3emoval of manure and as to other .snatters the stable will be allowed to xH xH,ontinue.
 < An interesting feature of the de- (Eision Is the mention made of the < %ootning houses adjacent to the stable 3#Nhere Shelf. students live. A recent ifHling of the faculty which prohibits 13nore than q certain number of boys no room In enc house is mentioned 3 ED the decision. This ruling 1t will be d dFemembered came as the result of the Il tudent troubles a year ago when the 1Failroad bridge over the Canal road ufi ip,to he tl,
 U The memorandum of the judges Al aecision in the case follows:
 a "The proof does not warrant find ling Il livery stable in this place is Uper SC q nuisance. The stable has Hot however, been in all respects SO 0 Conducted as not to give occasion to SIyell grounded complaint The sub II ltantial trouble arises from the odor Iun warm weather. This has been due Y b the lack of water for closet facil- ' ties and failure to use those provided Fl nd to unnecessary accumulation of ynanure and careless handling of the
 ame. The other allegations of nui- ance have not been found Gener-
 fly the stable appears to have been fept lbly well. At all times its s ondition has, as a stable, been sanI- Harry. Perhaps conditions will arise EYhich will show that the stable Is
 CT SC nuisance. Such a condition 4 oes not yet exist. The nuisance Is
 aused by a tenant It does not ap- V ear that the landlord authorized or z onSented to it. As the use of the remises for livery stable Is not ' Ter se nuisance, I do not see that < he landlord Is liable
 ' Up to the time the rule of the z Fientifc school limiting the number q students in a house went into ef. ect the rooms of plaintiffs houses < ere all In active demand. and the < lor though occasionally noticeable, \ aused serious trouble.
 A decree should issue enioining the z efendant, Nesbt, under a penalty of SN,0oO, by himself, his agents, ser RhantS and employees, from using or < armittng the use of the premises
 S1 Temple street, as and for a livery
 able without at all times having
 nd maintaining thereon convenient
 nd sanitary water closet with rrop-
 sewer connections. and req iiriag
 lch closet to be used by all persons
 bon the premises having occasion
 r such use, and from causing or
 ,mmltting manure to he collected
 ld to remain elsewhere on said
 -emises than in the pit provided for
 q same, and from permitting man ~e to remain in such pit for a X nger period than seven days with i. lt removal therefrom, and requiring
 m in such removal to use all req.
 nable care to prevent odors arising
 erefrom by unnecessary shaking up