Dittman v. Repp

Alvey, J., delivered the opinion of the Court. The appeal in this case is from an order granting an injunction, and, under our practice, it is to he considered on the allegations of the hill alone, irrespective of the answer. If the defendants had desired the benefit of their answer, they should, upon filing it, have moved to dissolve the injunction, and then, on an appeal from the order disposing of that motion, the answer would have been before us for consideration. They have not pursued that course, however, and their answer cannot he considered.

The complainant alleges that he and the defendants occupy adjoining premises on Bond street in the city of Baltimore ; that the defendants are brewers and carry on the business of brewing beer in the premises occupied by them; that they have recently changed the manner of conducting their business, and have introduced into their building adjoining that occupied by the complainant, steam machinery of a formidable character, and placed the same, with its pipes and attachments, alongside the wall of the building of the complainant, and in direct contact therewith, and that such machinery is in full operation. He then alleges that the use of this new machinery causes a continual loud and deafening noise, during the time of its operation, through the entire premises of the ⁵²¹ complainant, and that such noise is of extraordinary force and volume, producing a heavy jarring sound throughont his premises; that this noise has become so disagreeable and offensive to the complainant and his family residing in the house, that, with a due regard to their health and comfort, it^will he impossible for them to remain in the house, unless this interference with their enjoyment thereof he discontinued. He further alleges, that the operation of the machinery by the defendants produces a continual vibration and jarring in all the apartments of his house, shaking the walls and rendering the house unfit and unsafe to reside in. These allegations, standing alone, are certainly strong enough to bring the case within the authorities, and to entitle the complainant to relief.

In the case of Adams vs. Michael, 38 Md., 123 , this Court held that a Court of equity will interfere and restrain by injunction an existing or threatened nuisance to a party’s dwelling, if the injury he shown to he of such a character as to diminish materially the value of the property as a dwelling, and seriously interfere with the ordinary comfort, and enjoyment of it, and that the injury he such as to entitle the party complaining to substantial damages in an action at law. That was the case of a manufacturing establishment about to he erected in immediate proximity to the dwellings of the parties complaining, and where, according to the allegations of the hill, large volumes of smoke, offensive odors and noxious vapors, would he emitted from the factory, during its operation, whereby the value of the dwellings would be materially lessened, and the comfort of their occupiers greatly interfered with, and their health impaired. The injunction was refused in that case, hut solely because of the defective allegations of the hill. Here the allegations of the hill are sufficient, and the principles laid down in the case of Adams vs. Michael fully apply.

In all such ⁵²² cases, the question is, whether the nuisance complained of, will or does produce such a condition of things as, in the judgment of reasonable men, is naturally productive of actual physical discomfort to persons of ordinary