AN IMPORTANT CIVIL CASE.

Press, Volume LXII, Issue 12134, 4 March 1905, Page 4

AN IMPORTANT CIVIL CASE.

WARNER'S LMITBa)T"LYTTELTON TIMES" COMPANY.

CONCLUfcVON OF THE EVIDENCE.

The hearing of the action, Warners] I Limited v "Lyttelton Times" Company, iin which an injunction and £1500 I damages were claimed, was continued lat the Supreme Court yesterday morn- ! ing, before Mr Justice Deoniston. Mr Stringer, with him Mr Bruges and Mr Alpere, appeared for the plaintiffs, and Mr Harper, with him Mr Masking Dougajl, for the defendant company. Further evidence was given in support of the case for the defence. Charles Edgar gave evidence that he had been employed by the "Times"' Company for over twenty years. He was an engraver by profession, and had worked in several of the mechanical departmenta at the "Times." He knew the position of the engines and machinery in all the rooms. There was no . comparison ■ between the noise and vibration now and that existing before the new building was erected, and the noise and vibration were very much less now than twenty years ago. On the old jobbing floor the noise was so great that it was difficult to give verbal instructions to those working the machines. The vibration in that room was so bad that the floor shook, and it led one to believe that the floor was not strong enough to hold the machines. The Wharfdale machines, which were in tho room,, were connected with a cog which drove the bed backwards and forwards, and the vibration was so great that the jobbing machines had to be shifted from the upper floor to tne present site, now under Warner's. Now it was possible to give instructions in the jobbing room which could be heard without difficulty, for there was little noiso in the room. Since the old jobbing room was in use new machinery of an improved character had been added, and the modern machinery made less noiso than the ojder types. The two Wharfdales were the machines formerly used for printing the paper, and in place of those two there was now used cne printing machine called tho Goss machine. There was very much less noise from tho Goss machine than from tho two Wharfdales. Tho Criterion Hotel was on the east side of the "Times" building, and tho Masonic Hotel was on the west side. To Mr Stringer: There were Wharfdale machines in the jobbing room, but they were up-to-date machines. There was no old plant in the Jobbing room, and there were no machines in the* room which were worked on the upper floor. Ho could not state the extent of overtime worked in tho jobbing room in the latter part of 1903 and the ginning of 1904. Since complaint* were made, and before the action was started, the jobbing machinery was worked as little as possible at night. That was to oblige Warner's in a neighbourly way. George Ardley stated that he had been employed by the "Lytlelton Times" for twenty-four years, and filled the position of paper ruler. Hβ used a machine for his work.. The machine was of delicate construction. In the old building his machine was placed directly above the jobbing room. The machine he used then was not erich a good one as tho one he used now. There was a good deal of noise and vibration in the old building, and the vibration caused the brass pens in the machine to drop beforo they could be fastened up. He occupied a room above the engine and boiler in the new building and did the same class of work with a new machine. Ho experienced no vibration at his work now, and had no difficulties with hie pens, and ho f attributed that to'the cessation of vibration. Ho occupied that room for about twelve months after the new building was put up, but wai riot occupying it at present. He visited Warner's Hotel on February 11th last, and went along the first mm second floors of the new wing. He heard noise coming from the "Times" machinery. He did not remember being in that part of the old Warner's building. He went Jμ the opening leading into the _ Times building and heard a slight noise. He then walked back and closed the door and listened for noise, but could hear hardly anything at all. .„ ' x - It was admitted by both sides that one of the Wljarfdale machines was pnt in before 1881 and the other" was put in in 1884, and both were stopped in 1887. ■. . . .x. • By consent a photograph of the two buildings, attached to Mr WigiWs evidence taken on commission before ho loft for England, was, with the evidence, put in. . Sidney Luttrell, recalled by Mr Hocking, Htated that he could noVbe certain whether the walta of the "Itfttelton Times" building and Werner , ! building rested on a common foundation. The foundation might have been put m at different times, but as f*r •at he could judge the foundation looked like one solid block of concrete. The case for the defence then closed. Mr Stringer asked leave to call rebutting evidence to show that there was.a ( reasonably practicable of •uppressing the noise and vibration, and that the noise and vibration actually Mr Hosking, who objected, submitted that the other side had already gone into those questions. Jtfr Macdonald, who was treated as an expert, was asked as to whether there were better methods that could be adopted for preventing tho noiso and vibration. His Honour allowed the rebutting evidence to bo called. Samuel Hurst' Seager, architect, stated that he had gone' through a special scientific course, and was lecturer at South Kensington on the construction of buildings. He had examined the previous evening the boiler-house, machine room, and engine room of the "Timee." The Wt-stinghonse machine was working at the time. In the engine room there was very little noise to be heard from the Westinghouse machine, but there was very distinct vibration. That Vibration would be communicated to the steam pipes and everything else attached to the engine. The steam pipes were vibrating, and these were suspended from the ceiling by iron rods, and one of the pipes rested on the wall adjoining Warner's. _ The ceiling was supported by iron joiste resting on the wall adjoining Warner's, and on a 14in wall adjacent to the Westinghouse engine, and that 14in wall was attached to two other walls. The'main shaft from the Scott engine ran along the dividing wall between the engine-house and the machine room, and was bracketed to that wall. After examining the "Times" machinery, ho went to Warner's and visited the bedrooms in the new wing. While the Weetinghoute engine was working he had found considerable vi- I bration in the walls of the building, which vibration was communicated to the floors and partition!. He heard in the rooms and passages s distinct rumbling noise. Toe noise was not loud, but was perceptible and sufficient to in- • convenience people. He accounted for the existence of the noise coincidently with the dibsenoe of the noise in the engine room by the fact that the vibrations were conveyed through the wall to the more resonant material of floor and partition, which acted as a reinforoer of sound, and converted the vibration into sound, just as a tuningfork produced sound when brought into contact with a piece of wood. The vibrationi from the shaft leading from the Scott engine would be oomunicated to Warner's wail. To Mr Hosking: He had not tested the Scott engine for vibration. While he was in Warner's the "Times" en-

gineer sent his man to stop the Westing-' house engine and put on the Scott.en-\ gine, dieoonnect the eh»ftine used for the jobbing plant. The vibrations from the Soott engine.were not w perceptible m those from the Weetingbouse engine; in fact, they were Tery, alight. Mr Vincent, the , .engineer, was in hia company the whole tune. He did not know whether the main shaft from the Soott engine was still running. The dynamos connected with the Soott engine made a humming noise. The timber and material of which the upper rooms were composed acted as natural conductors of vibration, and made the vibrations apparent to the ear. The Titrations were not sufficiently strong: to be felt in the room. If the ear were put either to the walls or the floors the source of the sound would be discovered. He distinctly felt the Tibratione when he touched the wall and floors. Given the action of the machinery on the ground floor he would not naturally look for noise, because the rooms abovo could be constructed in ! such a way as to eliminate ribration. The vibrations should have been cut off at the source. He noticed that there was pugging placed between the joists, but that did not prevent the vibrations passing through the joists, which, being wood, "were splendid conductors of sound unless • properly protected. Tho outer light well would have no ©ffocfc in conveying sound upwards from tho Westmghouse engine. He tested the inside light-well, and heard the same sound as in the passages and rooms. Frederick Herbert Chamberlain, en- , ginocr to the Christchurch Tramway Board, stated that ho had had sixteen years' experience rus an oiginoer, and during that time had installed many lighting and power plants. He had installed power in several hotels, the horso-powor varying from 150 to 500. He had installed power in four hotels at Washington, and was assistant to the consulting engineer for installing approximately 6000 horse-power apparatus in the Waldorf-Astoria Hotel. Ho had the' previous evening, with Mr Hurst Seager, visited tho engine room and machine rooms of tho "Times," and afterwards gone to Warner's Hotel. Generally he agreed with Mr Seager's description of the disposition of the maI chinery, but he thought that Mr Seager I was wrong when he said that the shaft was not in operation at tho time the Scott engine was working. He agreed with what Mr Seagor had said about the steam pipes, but he would add that the pipes were supported on two walls. Hβ observed some vibration from the Wostinghouso engine, and agreed with. Mr Soager's account of the conversion of the vibrations into sound in the leasehold rooms above. The only apparent vibration from the Westinghouse engine was vertical, and besides the steam pipes carrying it into the wall, the foundation of the engine appeared to have the same effect. He would naturally have expected to .hear the noiae from the vibrations. He could distinctly hear tho humming or buzzing noise made by the engine when the Westinghouse was running while standing in the light-well and also in the passages and rooms. To Mr Harper: Hβ agreed' with Mr Seager that tho vibrations would result in noise in the upper rooms. The noise he heard from the Westinghouse and Soott engines would not, he thought, prevent people from sleeping. He noticed tbe exhaust pipe from the "Times" building, but from what the engineer told him the pipe was not being used while tho Westinghouse engine was tunning. _ The pipe, however, being connected with , the other pipes, would convey vibration. Tbe shaft must have been in motion while the Scott engine was at work. The steam pipe from the Westinghouse engine possessed a distinct oscillation. That oscillation resulted in noise in the upper floors. In room ISA he had distinctly heard the pulsation of the engine, lying on the bed with his ear close against the wall*. , '■ . .-. " , ■■• .:.- : i ■■■."' To Mr Alpers: The Soott and Westinghouse engines were not working together when he was in Warner's. The Westinghouse had a> quarter load en when first he saw it, but both engines were set going by the "Times" engineer at his request. The engine, being in good condition, wcguld ran easier with a full load .than- with -a smaller load. The Scott engine,; he understood, was running witn a full load. Mr Harper asked leave to call a witness to give- evidence relating to the question of-noise on the upper floor*. His Honour said that he did not think leave could, under the circumstances, be granted. He had allowed the rebutting evidence, because, in his opinion, the evidence could not hare been anticipated. Mr Harper said that the' other side had not called evidence on the travelling of the noise and vibration, and therefore he had not called such evidence. After some discussion his Honour allowed the evidence to be given. Frank William Petre, called by permission of the Court, stated that he was a civil engineer and architect of 'forty years' experience. He had been over the "Times" building five times when the machinery was at work and had been in Watner's leasehold on each occasion. Hβ saw windows all round the outer light-well, and observed that the light-well was.ipartially covered at 'thY top. .When %i Jbe first entered the cuter;light well it was in the afternoon, and only the one ■ horizontal engine was working. There was very little noise in the well on that occasion. There was more noise on that occasion in the inside of the building than in the light well. On tbe occasion when he visited the hotel in the evening the Scott and Westmghouse engines were both at work. The noise in the outer light well was considerable, and the noise in tbe leasehold, was very much greater than that made in the morning. The sounds in the oqter light well were concentrated in walls of good non-con-ducting material, and although the waves of sound radiated by the reflection of the sound from side to side and from the oarth below, they passed upwards and neoessarily would pass m wherever the non-conducting material did not intervene. Passing inside and coming in contact with a great deal of resonant material, they would to a certain extent be magnified and neoessarily magnified where there was most'material of that sort, 'as in tho upper floor. That in his opinion was the main cause ot the excess of sound produced in the building whilst the lighter engine was at work inside the buildings. The inner light well would have the tendency of more readily passing up to the upper floor, the sound and the effect of vibrations entering into the lower floors or created in them. The conclusion was that the omission of openings in the outer walls connected with the outer light well, and the omission of the inner light well altogether, would have contributed to the quietness of tho building. At the inner light well the sound was greater than in other parts of the top storey. That confirmed'his view that the light wells were conductors of sound. He had had to construct many buildings where sound was an important consideration, and, therefore,- he had given special study Jo acoustics. This concluded the case so far as the taking of evidence was concerned. His Honour stated that he proposed to visit the premises that evening* in order to hear the noise produced by tne normal operation of the machines. Hβ suggested that as the case would turn on questions of law, it would be better if the. parties would take -- straight to the Court of Appeal. Hβ would be eorry to give an interim injunction on an interpretation of the law based on his own opinion, and, therefore, it would be better for the parties to get the pointe decided as early as possible , . • , Mr Stringer 'stated that he would discuss with the other side the question of arguing the law pointe before tho Court of Appeal* '