Austin v. Converse

Citations

• 219 Pa. 3
• 67 A. 921
• 1907 Pa. LEXIS 592

Syllabus

<p>Nuisance — Operation of manufacturing plant — Noise, vibration and smoke — Manufacturing neighborhood — Injunction—Equity.</p> <p>While noise from a factory is an inconvenience and discomfort to adjoining property holders yet where it is of a class incident to the neighborhood when the complainant went into it, and not materially greater, there is no cause for injunction.</p> <p>On a bill in equity against a locomotive works complaining of a nuisance, noise, vibration, din, and smoke, it appeared that for twenty years prior to the filing of the bill, the works in question had' been operated day and night, and that they were situated in a manufacturing neighborhood. About seven years prior to the filing of the bill, the complainant leased a residence directly across a street from the works, and used the same as a boarding house. Four years prior to the filing of the bill, the defendant erected a new building opposite a part of complainant’s premises, and in it established a plant for riveting by pneumatic tools. This work was conducted day and night. Plaintiff continued in the occupation of the residence until the time of the filing of the bill and thereafter, without any material reduction in rent. In the year prior to the filing of the bill, complainant’s sister purchased the house, and was the owner at the time of the trial. Held, that the evidence was not sufficient to justify the court in granting an injunction.</p>