McCaffrey's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Court of Common Pleas, No. 2, of Philadelphia county: Of January Term, 1884, No. 80. Bill in equity, by J. Carroll McCaffrey and Eugenie, his wife, in her right, against James Elverson, setting forth that tbe complainants, being owners and occupiers of a certain dwelling house, No. 915 Spruce street, in tbe city of Philadelphia, were disturbed in the enjoyment of their residence by the noise and vibration of machinery in the defendant’s printing house, which…
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Appeal from tbe Court of Common Pleas, No. 2, of Philadelphia county: Of January Term, 1884, No. 80. Bill in equity, by J. Carroll McCaffrey and Eugenie, his wife, in her right, against James Elverson, setting forth that tbe complainants, being owners and occupiers of a certain dwelling house, No. 915 Spruce street, in tbe city of Philadelphia, were disturbed in the enjoyment of their residence by the noise and vibration of machinery in the defendant’s printing house, which he had erected in a section of the city occupied by private residences, to wit, at the northwest corner of Ninth and…
1Opinion of the CourtChief Justice Mercur
A person who resides in the centre of a large city must not expect to be surrounded by the stillness which prevails in a rural district. lie must necessarily hear some of the noise, and occasionally feel slight vibrations, produced by the movement and labor of its people, and by the hum of its mechanical industries. The aid of a court of equity may be invoked to keep annoying sounds within reasonable limits. Every noise however, is not a nuisance, nor, when produced in the exercise of a lawful occupation, should the strong arm of a chancellor necessarily be extended to suppress it.
Under the…
2Cited by5 opinions
- Hannum v. GruberSupreme Court of Pennsylvania · 1942
- Alexander v. Wilkes-Barre Anthracite Coal Co.Supreme Court of Pennsylvania · 1916
- Guarina v. BogartSupreme Court of Pennsylvania · 1962
- People v. ArkowNew York City Magistrates' Court · 1953
- Kowalski v. Shopping Cart, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1972