Legal Opinion

Gilbough v. West Side Amusement Co.

New Jersey Court of Chancery

Decided November 15, 1902PublishedCited by 28 opinions

On motion for injunction. Heard on bill and affidavits and answering affidavits.

1Opinion of the Court

Pitney, Y. C.

This is an application for an injunction to restrain the making of noise, which it is alleged renders the dwellings of the complainants, at certain times, uncomfortable to an unlawful degree.

Before going into the facts of the case it may be well to allude briefly to the state of the law on the subject.

That mere noise may be so great at certain times and under certain circumstances as to amount to an actionable nuisance and entitle the party subjected to it to the preventive remedy of the court of equity is thoroughly established. The reason why a certain amount of noise is or may…

2Cases cited2 opinions

  1. Snyder v. CabellWest Virginia Supreme Court · 1886
  2. Motley v. DarlingSupreme Court of New Jersey · 1916

3Cited by28 opinions

  1. Meadowbrook Swimming Club, Inc. v. AlbertCourt of Appeals of Maryland · 1938
  2. DeNucci v. PezzaSupreme Court of Rhode Island · 1974
  3. State v. New York Central Railroad Co.New Jersey Superior Court Appellate Division · 1955
  4. Five Oaks Corp. v. GathmannCourt of Appeals of Maryland · 1948
  5. Hansen v. Independent School District No. 1Idaho Supreme Court · 1939

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