74 W. Va. 340 | W. Va. | 1914
From a decree perpetually enjoining defendants from operating their ice plant and factory, machinery, boiler and engines as they are now located, as constituting a private nuisance, they have appealed. Plaintiff owns a house occupied by himself and wife as a dwelling house and jewelry store combined, fronting on one of the streets in the town of Eip-ley. Defendants conducted a meat market in a building on the adjoining lot and fronting on the same street. In April, 1913, they purchased the lot in the rear of the building and erected thereon an ice plant which they operated in connection with their meat market. There was no other ice plant or meat market in the town. Prior to the installation of said ice plant the nearest ice market was twelve miles away, and ice delivered in the town cost the inhabitants nearly twice what defendants sold it for, after the erection of their plant. Defendants used a ton, or more, of ice per week in preserving their fresh meats. The ice factory is installed in a building 35 xl5 feet and 14 feet high, erected over a concrete floor, and is close to, and just in the rear of, the meat market house to which is connected a cold storage box for the preservation of meats, and so arranged as to avoid the trouble and expense of transferring the ice from the factory to a - refrigerator. The plant is about twelve or fifteen feet from plaintiff’s dining room. "Defendants operated a sixteen horse power gas engine, and a three horse power boiler to distill and condense the water. The plant had been running only about ten days when, at the suit of plaintiff, its operation was enjoined. During that time the machinery was kept running eighteen hours a day, from six o ’clock A. M. to twelve o ’clock at night, and, for three or four days, it ran both day and night. Plaintiff complains of the smoke, soot and cinders from the boiler, and the noise of the gas engine and the running of machinery, and testifies that the smoke, soot and cinders caused the greatest annoyance. But when defendants learned that the smoke,
There was a time in the history of this country when ice was considered a luxury, but it has now come to be regarded as a necessity, and artificial production has supplanted the old method of harvesting it in winter and storing it for the summer’s use. Ice manufacture is now an extensive and useful industry. Scientific discoveries and modern inventions have converted the centers of population all over the civilized world into busy workshops, and in order that industries may be carried on to meet the needs of such communities it becomes necessary for-some of us to suffer some degree of inconvenience and annoyance. ¥e must be willing to give.and take, for the convenience of the mass of people. The countryman, accustomed to little noise in the day time and none at all at night, is greatly annoyed and disturbed when he visits the city, by the noisy rattle of vehicles rolling over paved streets and by the grinding sound of street cars on the rails.. But a few days sojourn will accustom his ear ’to the new sounds and they cease to annoy him. A person unaccustomed to sleeping on a moving train finds it difficult to sleep in a pullman car, but after a few days and nights travel on a long journey he sleeps more soundly when the train is in motion than when it is at rest. People dwell in cities by the sea where the sound of the breakers is never hushed, and by the roaring cataract that thunders on forever, and the sounds, which at first were disturbing, soon become restful music to-their ears. These .illustrations show that sounds are annoying to us more because of our unfamiliarity with them than
"We reverse the decree and remand the cause with directions to the chancellor to enter such decree as the equities of the situation may require upon further investigation into the practicability of reducing the noise without changing the location of the plant.
Reversed and liema/nded.