Beane Et Al. v. H. K. Porter

FIELD, J. The plaintiffs, owners of a dwelling house on the south side of Beacham street in the city of Everett, seek to enjoin the defendant, a manufacturer, from using certain drop forge hammers in its factory on the opposite side of the street and to recover damages for loss resulting from such use in the past. A decree was entered that the defendant 'forthwith pay the plaintiffs the sum of one thousand (1000) dollars as damages, and that a permanent injunction shall issue forthwith enjoining the defendant from operating its three drop forge hammers in such a manner as to cause substantial interference with the reasonable comfort and enjoyment of life of the plaintiffs and their tenants in the use and occupation of their home, or in such a manner as to cause substantial injury to their property,' and the defendant appealed. The findings of fact made by the trial Judge appear in the record, but the evidence is not reported. The Judge found that the 'operation of the defendant's hammers is a nuisance.' The defendant attacks this finding only on the grounds that the operation of the hammers is made lawful by a zoning ordinance of the city, which became effective in August, 1926, a provision in its revised building code adopted in 1923, and a license granted in 1899 to the defendant's predecessor.