bowling alley,107 a brick kiln,108 a flour mill100 and iron foundry,110 a railway roundhouse," a steam railroad," a steam engine 13, a steam whistle," and stone cutting. 115 But as a nuisance per se cannot be lawfully maintained,116 it follows that no lawful occupation can be per se a nuisance.117 It seems that an injunction will not be granted to restrain the erection of a business unless it be necessarily a nuisance.118 120 124 Many law businesses and trades have been found to be nuisances under certain conditions, as follows: a blacksmith shop,119 a blacksmith shop operating at night,' a boiler factory adjoining a dwelling, 121 a brewery adjoining complainant's premises,122 church bells,123 a circular saw,' a circus holding performances near a dwelling125, a confectioner using a mortar and pestle in premises adjoining dwelling,126 an electricplant in close proximity to a dwelling," and engine house and machine shop adjoining a church,128 a factory operating drop hammers in residence neighborhood129 a factory bell rung to arouse operatives,' 130 a factory whistle, a factory whistle making a loud 107 Harrison vs. People., 101 III. 119 Whitney vs. Bartholomew, 21 Conn., 213. App., 234. 131 108 Windfall Mfg. Co. vs. Patterson, 148 Ind., 414. 109 Owen vs. Phillips, 73 Ind., 284. 110 Regan vs. Allen, 46 Ill. App., 553. Rogers vs. John Week Lumber 112 Louisville, etc. Terminal Co. vs. 114 Parker vs. Union Woolen Co., 42 116 Butterfield vs. Klaber (N. Y. Super Ct.), 52 How. Pr. (N. Y.), 255. 116 Windfall Mfg. Co. vs. Patterson, 148 Ind., 414. 117 Kinney vs. Koopmen, 116 Ala., 310. 118 Ray vs. Lynes, 10 Ala., 63. 120 Peacock vs. Spitxelberger (Ky., 1895), 29 S. W. Rep., 877. 121 Fish vs. Dodge, 4 Den. (N. Y.), 311. 122 Dittman vs. Repp., 50 Md., 516. 123 Soultau vs. De Held, 2 Sim. N. S., 133. 124 Gort vs. Clark, 18 L. T. N. S., 343 125 Inchbald vs. Robinson, L. R., 134 132 and harsh sound and blown at unreasonable hours,' flour mills in close proximity to a dwelling, 133 gas works on premises adjacent to a dwelling, glass works adjoining a hotel,135 gold and silver beating in a quiet residence neighborhood,198 hucksters in a market place,137 an iron foundry,138 an iron foundry eighty-five yards from a dwelling, 139 an iron mongery near a dwelling 140 a machine shop in a residence neighborhood,141 steam machinery operated on premises adjoining a dwelling, 142 machinery in a building wherein a person resides, 148 a mill in a densely populated portion of a city," a planing mill in a residence section within ninety feet of a dwelling,145 a pottery forty feet from a dwelling, 140 a railroad in the neighborhood of a church,147 a railroad roundhouse for the storage of locomotives near a dwelling, 148 a railroad shifting cars in a city,140 a railroad siding used for shifting cars," a railroad switch near a dwelling, 151 a railroad turntable in the vicinity of a dwelling, 152 a railroad water hydrant thirty-five feet from a church,158 a rolling mill with steam hammers near dwellings,154 a sawmill on a lot adjoining a dwelling in 150 156 a neighborhood occupied by manufacturing establishments,155 a sawmill on a lot adjoining a dwelling, 15 a school of instruction in metal working in a residence neighborhood, 157 a slaughter house where noisy animals are confined,158 a stable for horses adjoining a dwelling, 159 a steam hammer in a residence neighborhood, 160 a street railway cross-switch in front of a dwelling, 161 a tinshop eight feet from complainant's sleeping rooms where work is carried on early in the morning and late at night.102 166 The following forms of business have been held not to constitute nuisances under the circumstances designated: a blacksmith shop,163 a blacksmith shop in a small village,164 a blacksmith shop near the business portion of a country village,165 a blacksmith shop twenty-eight feet from complainant's residence in a country town,100 blasting for the foundation of a house, carefully done,167 a boiler factory adjoining a residence in a neighborhood given over to like industries, 168 brick and tile plant near a dwelling, 169 a coal chute,170 a coal chute ninety-three feet from a dwelling,171 coal elevators in a business neighborhood,' a cotton gin eighty-eight feet from a residence,173 a cotton press on a city lot contiguous to a dwelling, driving on way 166 Hurlbut vs. McKone, 55 Conn., 31. 158 Duncan vs. Hayes, 22 N. J. Eq., 25. 157 Ladies Decorative Art Club's Appeal (Pa. 1888). 158 Bishop vs. Banks, 33 Conn., 118. 189 Broder vs. Saillard, 2 Ch. D., 692. 160 Robinson vs. Baugh, 31 Mich., 290. 161 State vs. Hartford St. R. Co., 76 Conn., 174. 162 Dennis vs. Eckhardt, 3 Grant 183 Faucher vs. Grass, 60 Iowa, 505. 174 Dec., 125. 172 a 166 Bowen vs. Mauzy, 117 Ind., 258. 187 Lord vs. De Witt, 116 Fed. Rep., 713. 168 Hafer vs. Guyman, 7 Pa. Dist., 21. 169 Windfall Mfg. Co. vs. Patterson, 148 Ind., 414. 170 Dalton vs. Cleveland, Etc. R. Co., 144 Ind., 121. 171 Dunsmore vs. Central Iowa R. Co., 72 Iowa, 182. 172 Robins vs. Dominion Coal Co., 16 Quebec Super Ct., 195. 173 Rouse vs. Martin, 75 Ala., 510. 174 Ryan vs. Copes, 11 Rich. L. (S. Č.), 217. 178 175 paved to lessen noise, an electric light plant in the manufacturing part of a city,176 a fire engine house,177 a flouring mill in a business locality adjoining a dwelling," furniture factory,179 musical instruction on piano and violin in premises adjoining a dwelling,180 a paper mill operated day and night within five hundred feet of a dwelling,181 a printing establishment adjoining a dwelling, 182 running machinery for temporary use on land adjoining a dwelling, 183 a railroad in a city street, 184 a railroad in close proximity to a dwelling,185 a railroad near a church,188 a railroad shifting cars sixty feet from a dwelling, 187 a railroad within one hundred and fifty feet of a dwelling, 188 a restaurant in an adjoining flt, 189 a silk mill close to a dwelling,190 stock yards across the street from a dwelling,191 stock yards where noisy animals are kept in a residence district,192 stone cutting on premises adjoining an apartment house,193 a street car barn in a residence district.194 195 Mere noise may constitute a nuisance. Almost any kind of a noise may become a nuisance under 178 Leonard vs. Hotel Majestic Co. (Sup. Ct., Spec. T.), 17 Misc. (N. Y.), 229. 170 McCann vs. Strang, 97 Wis., 551. 177 Van de Vere vs. Kansas City, 107 Mo., 83. 178 Gilbert vs. Showerman, 23 Mich., 448. 170 Powell vs. Bentley, etc. Furniture Co., 34 W. Va., 804. 180 Christie vs. Day (1893), 1 Ch., 316. 181 Shepard vs. Hill, 151 Mass., 540. 18 McCaffrey's Appeal, 105 Pa. St., 253. 183 Harrison vs. Southwark, etc. Water Co. (1891), 2 Ch., 409. 184 Lexington, etc. R. Co. vs. Applegate, 8 Dana (Ky.), 289. 185 Carroll vs. Wisconsin Cent. R. Co., 40 Minn., 168. 180 Schenectady First Baptist Church vs. Utica, etc. R. Co., 6 Barb. (N. Y.), 313. certain circumstances. Thus the noise made by animals in a stable,196 music,197 and church bells,108 or even the human voice,199 have been held to create nuisances. The collection of dangerous, or filthy, or offensive 201 substances on one's land may constitute a nuisance as against the neighboring land owners. 200 202 In England the setting of spring guns," or traps for animals, 203 might constitute nuisances; but this rule has never prevailed to any great extent in the United States, 204 A barbed wire fence may be a nuisance if negligently constructed.205 198 Filson vs. Crawford, 5 N. Y. Supp., 882; Harvey vs. Consumer's Ice Co., 104 Tenn., 583; Gifford vs. Hulett, 62 Vt., 342. 197 Davis vs. Davis, 40 W. Va., 464. 198 Leete vs. Pilgrim Cong. Soc., 14 Mo. App., 590. 199 Rex vs. Smith, 1 Stra., 704. Eastman, 20 Minn., 478. 201 Brown vs. Illius, 27 Conn., 84. 202 Ilott vs. Wiles, 3 B. & Ald., 304; 5 E. C. L., 295. 203 Jordin vs. Crump, 8 M. & W., 782. 204 Johnson vs. Patterson, 14 Conn., 1. 305 Winkler vs. Carolien, etc. R. Co., 126 N. C.; 78 Am. St. Rep., 663. |