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Chabgbo mm Maihtaininga Sivtr8AN01C —Yesterday, to Ctourt of Qaarter Sessions*before Judge A bison, »« !S wtrial.inwbicb Hause Hamilton was charged with mam*tatolDg a nuisance in the share of a factory tor themanufacture of coal oil, located at fiteohauic and Carpenter etreets* The evidence for the Commonwealth was four neighbors, andthey testifiedthattheodor from the, faotory was, very offensive, and,the members of their family snfftied from headache, tkc.. In answer the defendant called the workmen engaged in the factory, whotestified that* although they bad been working in the establishment for along ti«ft,th©y-never enjoyed better health,r. Two physicians were called to show that the health of the neighborhood was not affected by this factory, One of the^ physicians also testified, that yap?r;arising from the oil was frequently need ia pulmonary complaints, 'In regard to the allegation that the oil was dangerous, inasmuch as it was inflammable, 'and the numerous, fires? occurring to coal oil factories, the defendant catted a witness who had been at the fire at OhristiaG-sfreefc wharf, Mid who saw, after the fire had been extinguished* thv; the staves of a barrel had been charred without igniting theoil.iv •In charging the jury, Judge Allison,,,arfcer citing the principles applicable to nuisances' at common law, instructed the jury that If they found that the establishment kept by Haose Hamilton ia either injurious to the health of the neighborhood, or that the establishment of itself interferes seribusly with the i comfort of tho people residing there, or the people who have the right to pass along the highway, by reason of the. smell, it ia; a nuisance. If they found that vapors are not unhtMthy, butthat they do interfere with the comfort of the people, it is;a nuisance'.'' •••■r-:v . '7'. 7r * 7- ':A-J-:- :1 A verdictof- guilty was rendered by the jury. This decision is a very important one, and this is the first case of the kind tried. .7 7-;?
Newspaper Details
Philadelphia Press
Philadelphia, Pennsylvania, US
Thu, Sep 25, 1862
Page 4
Full Page
Clipped by
Genealogical S.
PA, USA 26 Jun 2023
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