OHIO NISI PRIUS REPORTS NEW SERIES-VOLUME XV. CAUSES ARGUED AND DETERMINED IN THE SUPERIOR, COMMON PLEAS, PROBATE AND INSOLVENCY COURTS OF OHIO. ABATEMENT OF FACTORY NOISES IN A RESIDENTIAL NEIGHBORHOOD. Common Pleas Court of Hamilton County. HENRY F. GAU ET AL V. HOWARD M. Ley et al. Decided, August 7, 1913. Injunction-Lies to Prevent Disturbing Noises which Affect Property Values-Abatement Decreed, Upon Petition of Nearby Residents, Against Noisy Operation of a Factory Making Architectural and Ornamental Iron. Where a factory is located in a residence neighborhood, after notice of strong objection thereto and efforts to prevent such location, and it is so operated as to give rise by the pounding and riveting of iron to continuous noises which interfere with conversation or the use of the telephone in the neighborhood and to produce actual physical discomfort to persons of ordinary sensibilities, and the evidence shows that by the use of improved machinery and modern methods much of the noise could be obviated, injunction will lie upon petition of property owners thus annoyed or injured for an abatement of the noise, notwithstanding a nearby railroad upon which many trains are operated contributes to the disquiet of the neighborhood. Heilker & Heilker and Ed. F. Alexander, for plaintiff. Gau v. Ley. [Vol. 15 (N.S.) GORMAN, J. This action is one for an injunction to restrain the continuance of an alleged nuisance. Plaintiffs in their petition set out that they are acting for themselves and for others similarly situated, and say that they are and have been, for a number of years past, residents and owners of property on May street near Lincoln avenue in the city of Cincinnati, Ohio, being a high class, exclusively residential neighborhood; that May street and Lincoln avenue are improved with costly and valuable residences and have been so used exclusively for many years; that the homes on May street from Lincoln avenue south range in value up to thirty thousand dollars. They further allege that the defendants are the owners of several lots fronting on the south side of Lincoln avenue beginning at a point 150 feet east of May street, and in the year 1912 they built upon said lots a factory building within which they have been conducting and maintaining a blacksmith shop, machinery and appliances for handling, shaping and manufacturing structural, architectural and ornamental iron work, and that in the conduct of such business defendants continuously cause loud, disturbing, unusual and disagreeable noises to be made by hammering on iron, riveting iron rivets and shaping, moving and handling iron; that said noises disturb the order and peace and quiet of said neighborhood, rendering conversation and telephone communication difficult, and compelling the plaintiffs and others in the neighborhood to keep their windows closed during the day time, and rendering the premises of the plaintiffs and others in the neighborhood unfit for use and enjoyment in the ordinary manner; that said noises begin at seven o'clock in the morning and continue throughout the entire working day, thereby preventing plaintiffs' families and those in the neighborhood from enjoying sleep, rest or recreation, or enjoying the use of their premises, and affecting those who are sick in the neighborhood. Plaintiffs further state that their premises have been greatly impaired and diminished in value, and that if the defendants are allowed to continue the production of these noises, the premises of the plaintiffs and others in the neighborhood will be ren dered unfit for residence purposes and plaintiffs will suffer great and irreparable injury. They therefore pray for an injunction to restrain the defendants from carrying on their business in the manner in which it is alleged they are operating their plant and conducting their business at the present time. The defendants have filed an answer admitting that the plaintiffs are and have been for a number of years owners and residents of property on May street near Lincoln avenue, and admitting that the defendants are the owners of the property on the south side of Lincoln avenue described in the petition, and that during the year 1912 they erected a manufacturing building thereon. They further set up that their factory also abuts on the line of the Cincinnati, Lebanon & Northern Railroad and the Norfolk & Western Railroad, and that the property on which their said building has been erected was and is not suitable for residence purposes, and that there are a number of business and manufacturing establishments along the line of said railroad. and in the vicinity of defendant's building. They further aver that if there is any extreme, unusual, or disturbing noises in said neighborhood, that the same arise from the operation of said railroads, and not from the operation of defendant's business. They further aver that they are conducting in said building a plant for the fabrication of structural and ornamental iron; that the appliances and machinery used in such plant are the most modern and approved type and that any noise arising therefrom is not sufficient to disturb the peace and quiet of plaintiffs' homes. They deny each and every other allegation of the plaintiffs' petition. The plaintiffs filed a reply to the answer of the defendants denying all the material allegations of the new matter therein set up. The case came on to be heard before the court upon these pleadings and the evidence. There were thirty-four witnesses. called by the parties, who testified as to the character, intensity and volume of the noises emanating from the defendants' plant. It would be neither profitable nor practicable to undertake to dissect and analyze the testimony of the witnesses and other |