New Britain herald., 1915-11-17
SCHMIDT TASKS COURT
 TO DUST STONEYARD
Union Street Man Explains 0bjeC-
 tionS to Monument Works
SEEKS DAMAGES OF $S,OOO
Tells Judge His Wife Has Been Made Sick by Noise and Odors and Pro- perty Has Deprecated in Value Sunday Trousers Ruined.
Especial to the Herald.)

Especial to the Herald) Hartford, Nov. 17.-Noise smoke and factory odors featured largely in the testimony offered in Superior Court today in the case of John Schmidt against John F. Meehan, to make permanent an injunction re- straining the defendant from operat- ing a monumental works and stone yard on Union street. New Britain. The plaintiff alleges that the monu- mental works is operated by power and hand tools which cause noise and dust and constitute a nuisance. ALSO that gasoline engine is used which is objectionable, and that black smith shop is operated, emitting smoke which pollutes the air. By reason of these things the plaintiff alleges his wife has been made sick necessitating large medical expenses. Also the rental value of the property has decreased. Damages of $3,OOO are asked together with the injunc- ton restraining the defendant from continuing the operation of the stone works.
 F. B. Hungerford represented oS1AIu1uI, Cu0 pldlIII1ll, d1lO w. Klett and J. T. Meskill, the defen- dant, Meehan. The defendants an- swers besides denying many of the plaintiffs allegations maintained that much of the smoke and gases re- factories, chiefly, Landers, Frary & Clark. Judge Joseph P. Futile heard the evidence.
 Ex-City Engineer Testifies.
 Former City Engineer Frank H. Oldershaw was called as the first witness by Judge Hungerford. Mr. Oldershaw testified that he knew the premises at Clark, Union and winter streets, New Britain. He identified and described the property. locating the Meehan stone ward and the Schmidt property on the south side of Union, street. The stone ward Is west of the Schmidt property fronting on Union street and also on Clark. ..-.
 H. M. Oldershaw testified that he knew the stone yard had been con- ducted at the location about three years. He had heard the noise of operation and knew pneumatic driven-tools were used. The noise was objectionable to his ear and could be heard a block.
 Smoke From Landers.
 On cross examination by Attorney Klett, MT. Oldershaw identified and described the locality. noting the position of the Landers factory and the big chimney on East Main street. He estimated the distance to one stack at 47O feet and the large stack at 700 feet. The witness also ex- plained the position of buildings con- prising the stone yard and adjoin- ing structures. Referring to the al leged noise caused by cutting stone. MT. Oldershaw was unable to fix a date for the last time he heard it. He admitted that he had heard the noise from the rolling barrels at Landers foundry, but thought the sound was more restricted Odors and smoke from the factory were also noticeable in the locality
 Superintendent of Health Reeks.
 Bernard Lenoff of Plainville, who maintains a photograph studio in New Britain, identified photographs he had taken of the premises and neighbor- hood. Health Superintendent T. B. Reeks was next called by Attorney Hungerford. He received a complaint from Schmidt in August of last year and visited the property early in Sep tember. He saw dirt and chips of stone on the lawn and also on the window lodges of the Schmidt house on the west side near the stone yard. The witness also heard the noise of operation. He thought it's effect on, a person would depend on temperament. nrp SrN hn1 condition the effect would be to fur ther deplete his system.
 Dr. Reeks said the trouble was one the health department had no power to relieve so he did not follow the matter up.
 George Hallaby, the moving pic- ture man, testified that he viewed the p1 operty as a prospective purchaser. He thought the price too high and came away. He had no other objec- tion to the property.
 Owner Testifes.
 John Schmidt, the plaintiff, was the next witness. He testified that the stone yard was installed on the property about three years ago. He owned his place prior to that time. To save his property, the witness tes- tified he offered Meehan $4,OOO for the lot now occupied by the stone yard. Meehan was then on Main street op- posite St. Mary's church. He replied to the offer by asking where he would locate if he sold, as he had to move from the Main street location. Final F. Meehan said he would sell for S4,500.
 The witness valued the lot at S2,O0O Mrs Anna Pickett had offered it to him fourteen years ago for