New-York tribune., 1911-03-18
NOISE VERSUS GROWTH
Court Refuses Injunction Against
the Mccall Company.
REGARDED AS A TEST CASE
Property Owners Must Meet the
Changes in Conditions, JUS
tice Guy Holds. :.

Justice Guy. in Special Term Of the Su-
preme Court, rendered decision yes'er
day In the iniuncuon suit Of Herman H.
Schmidt against the Mccall Company tha'
Is Of special importance TO New York pup
fishing houses and other manufacturing
esta blishments in this city. This was one
Of large number of suits brought by inc
owners or lessees of New York residence
property. particularly in the portion OF 'he
town west OF Broadway between Sith III"
42d streets against the corporations OPP
Grating printing presses and other n"lsS
machinery To eajoin them from continuing
the operation Of their plants as now car
ried an
Iniunctions we're also sought against
these manufacturing and mercantile es'ap-
lishments to restrain them from continuing
their present methods of loading and I'M
loading goods In large quantities III front vi
their places Of business. In addition 10 'he
injunctions money damages were asked III
all these suits for the injuries claimed 10
be suffered by the plaintiffs because OF
such operation.
The case Of Schmidt against the Mccall
Company decided yesterday by Judge Guy
was regarded as a test case. AT the Same
term of the court at which this case was
tried a similar action by a neighboring
hotel keeper was brought against Macy S
for injuries resulting from obstructons to
the sidewalks In loading and unloading
goods and other alleged interferences with
plaintiffs rights but this case was sent for
trial TO a referee The case against the
Mccall Company occupied more than
week In the trial.
Complaint Of Noises.
The defendant is the manufacturer OF
paper dress patterns. and Is also the pub
Usher Of "McCalrs Magazine which the
evidence showed had monthly circulation
of more than 1.lOO0o0 copies. It's factory
building is at No 236 To 246 West 31th
street. in which It employs between six
hundred and seven hundred persons The
plaintiffs house * No. 2j2 West 5'th street.
which he purchased y 1901. He asserted
that from the time the Mccall Company
entered into possession of it's new building.
in the latter part Of 1905. the noises and
vibrations caused by its machinery. and
particularly by it's magazine presses. which
were frequently run late at night, caused
great annoyance and trouble 10 himself. his
family and tenants. and frequently made
sleep impossible.
The witnesses for Schmidt testified to the
running Of presses and other machinery in
the company premises all night at certain
times OF the year. particularly in the sum-
mer time. and also Il the obstruction OF the
sidewalk by the large quantities of print
ing paper and manufactured goods taken
I'm or out Of the establishment and the
large number of trucks in the street in
front Of the premises.
The Mccall! Company in its defence pro-
duced testimony TO shov- that the entire
character Of that vsrt Of the city had been
changed in recent years by business estab-
lshments supplanting places Of residence
that the dwelling houses remaining had
come to he largely used either as lodging
or boarding houses. or in part fer business
purposes. and that even the churches for
merly established there had moved To other
localities.