LOSING HIS SLEEP.

Auckland Star, Volume LX, Issue 288, 5 December 1929, Page 8

LOSING HIS SLEEP.

SHOPKEEPER'S COMPLAINT. MACHINERY NEXT DOOR. COURT INJUNCTION SOUGHT. (By Telegraph.—Own Correspondents HAMILTON, this day. An application for an injunction to restrain the Alpine Ice Cream Company, of Huntly, from running machinery in such a manner as to cause him annoyance was brought in the Supreme Court to-day by a Huntly shopkeeper, Walter Mills. Plaintiff carries on a confectionery and tearoom business, and he says that the defendant company erected their factory not more than 2ft from his southern boundary and installed in the factory machinery for the manufacture of icecream. He alleges that the machinery has many times been used for more than 24 hours consecutively, and that the noise constitutes a grave annoyance, disturbance and inconvenience to him, his household and customers. _ It has, Jie alleges, seriously affected him in his tearoom business, and also caused him serious injury to his health. He requested defeudant to abate the nuisance, but the company failed to do eo. Plaintiff seeks an injunction restraining defendant from using the factory machinery so as to interfere in the use and enjoyment by plaintiff of his premises. He also asks for £100 damages. The defence is a general denial of having caused a nuisance. His Honor agreed to visit the premises this afternoon. Mr. D. Seymour, for the plaintiff, said the noise was such as one might, not notice at first, but gradually "it got on one's nerves." Plaintiff during the summer months was unable to get proper sleep and in consequence suffered a serious nervous breakdown. Plaintiff said that prior to last April he had always enjoyed excellent health. He then got in a very low state and saw two doctors, who told him his heart was in a bad state and he must take twelve months' rest. He likened the noise to a. continual thump. His Honor: Is it as bad as the gramophones we hear? (Laughter.) Plaintiff said he could not sit and read,, nor could he sleep at night. His daughter had to close the ventilators at night but she always awoke with a headache. During the Christmas period tlio noise continued throughout the 'night, and nearly drove him "soft." Mr. Rawson: Did you not complain once of the noise of a violin being constantly played near your premises?— No. His Honor: That might have been pardonable, surely. (Laughter.) Barbara Mills, wife of the plaintiff, said the thumping noise continued day and night, and her sleep, in consequence, was fitful. To try to shut it out she had to put cottonwool in her ears. This enabled her to doze off. Mr. Rawson, for the defence, contended the noise was not such as would disturb a normal person. Plaintiff was of a particularly nervy disposition. William C. E. George, chairman of the Huntly Town Board, said the premises were in the business area. The noise was a steady, pulsating one, like that of a marine engine. He thought a normal person could get used to it. Huntly was a fairly noisy town.