WARNER’S, V. “LYTTELTON TIMES” COMPANY.

Lyttelton Times, Volume CXIII, Issue 13689, 4 March 1905, Page 3

WARNER’S, V. “LYTTELTON TIMES” COMPANY.

A PLEA FOR AN INJUNCTION. EVIDENCE FOR THE DEFENDANT COMPANY. The case brought by Warner’s, Limited, against the “ Lyttelton Times” Company, in which a claim is made for £ISOO damages and for an injunction to stop noise and vibration, was again before the Supreme Court yesterday morning, when further evidence was given for the defendant company. Charles Edgar, examined by Mr Hosking, said that he had been employed by the “Times” for over twenty years. Ho was an engraver, and was employed throughout the term in the mechanical department. He know the positions of all the engines and machinery in the rooms. Speaking, generally, there was no comparison between the noise and vibration now and the noiso and vibration before the erection of the new building in 1903. They were very much worse twenty years ago than at present. He remembered when the jobbing machinery was on the upmsr floor. On the floor where the jobbing plant was worked the noise was so great* that it was hard to give instructions to the machinists. The vibration in that room was so bad that •a person felt that the floor was not strong enough to hold the machines, and was glad to get out. In regard to Wharfedales, the vibration was so groat that it interfered with the work on the jobbing machines, which had to ho removed to the present site, under Warner’s. Instructions could easily bo given in the jobbing machine room now, and there was very little noise now. Since that time, nearly all the machinery had been replaced, and it was of an improved character. It was always the aim of the inventor of the modern printing machine to. make it as silent as possible. • The two Wharfedales had been used for printing the newspaper. In place of the two Wharfedales there was one Goss machine. So far as noise and vibration wore concerned, he would sooner work near the Goss, which made very much less noise than was made by the two Wharfedales. On the cast of the “Times” there was the Criterion Hotel, and on the west the Masonic. The former was not adjoining, and the latter was separated from the “ Times " by a slight right-of-way. To Mr Stringer: The old Wharfedale type was not the Wharfedalo of the present day. There were two Wharfedales in the jobbing room at present, but they were up-to-date machines. There were no machines now in the jobbing room that were worked on the old upper floor. When the manager of the jobbing room was away witness took his place. The only overtime work was on special occasions, when it was necessary. They did not average three times a week now. Ho could not say what overtime-was worked in the end of 1903 and early in 1904. Since complaints were made, an endeavour was made to oblige Warner’s as much as possible, in a neighbourly way, in regard to overtime work. That was before the action. George Ardley, examined by Mr Harper, stated that he had been employed by the “Times” for twentyfour years. Ho was a paper-ruler. He used a machine for the purpose of his work. It was a rather delicate machine, the' paper was placed in the machine, and the ruling was done'by Mass pens,, wliich were very delicate. They had to be arranged in a groove, and worked pn a blanket. Ho carried out his work in the old building directly above the job-printing machines. The machine ho formerly used was not as. good as the present. There were noise’ arid vibration in the old building. The vibration caused the pens to be shaken oat before the slide was fastened up. He had occupied in the now building a room above the. dngirie-room, and had to do the same class of work with a new machine. Ho did not experience any vibration at* his new position, and had no difficulty with his pens, and attributed that fact to the cessation of vibration. Ho was not occupying that place now, but did so about twelve months after tho new building was erected.:, On February 11 he went into Warner’s bedrooms on the first and second floors.' Ho paid attention to any noiso coming from tho “ Times ” into Warner’s. He had not been in that part of Warner’s old building. He remembered a - door in the passage. He went to the opening first, and heard a slight noiso of machinery. It was in the daytime, when the machines were in full worn. After that tho door was closed, and he listened for the noise. He could hardly hear anything at all. Mr Harper stated that one of the Wharfedales was installed before 1881 and the other in 1884, and both were' stopped about 1887, and the facts were admitted. By consent, a photograph of the building attached to Mr Wigram’s evidence, was put in. Sidney Luttrell, recalled by Mr HosIdiig, stated that in giving evidence the previous day lie meant that ho was not certain whether the walls of- tho “Times” and . Warner’s were - on acommon, foundation. There might have boon two foundations put in at differ-' ent times. As far as he could judge,' the foundation looked like one foundation. That concluded the case for the defendant company. Mr Stringer said that ho intended to call some rebutting evidence. He would call two experts to show that there was a reasonably practical method of suppressing the noise and vibration. Mr Hosking maintained that that question had boon gone into, and the defendant had been charged with an unreasonable method of conducting its business. Mr Macdonald had suggested the use of a turbine. The plaintiff should show that the defendant was ■wantonly making a noise. Mr Stringer then called Samuel Hurst Seager, architect, who said that he had gone through a special scientific course, and was lecturer at South Kensington on the construction of buildings. He examined tho engine-house, machine-room, and boiler-room of the “Times” tho previous night, while theWestiughouse was working. In the engine-room there was surprisingly little noiso from the Westinghouse, which could scarcely he heard. There was a very distinct vibration from the machine, and it would be communicated to the steam pipes and anything else attached to tho engine. The steam pipes were apparently vibrating, and they wore suspended from the ceiling by iron rods. One of tho steam pipes rested on the wall adjoining Warner’s. The coiling was renting by iron joists on tho wall adjoining Warner’s, and on a 14in wall adjacent to the West in ghouso engine. The 14in wall was joined to cast and west walls, and was one of the walls of tho engine-houso. The main shaft of tho Scott engine was carried along tho dividing wall of tho engine-house and machine-room, and rested on brackets attached to tho wall. After making tho examination on the previous night ho wont through tho bedrooms while tho Westinghouse alone was working, and found considerable vibration in tho wails of tho building occupied by Warner’s. It was also communicated to the floors and partitions. There was a perceptible bumming noise in tho rooms and passages. It was not a loud noise. Ho would not have been able to sleep in the rooms. He accounted for the existence of that noise coincidentally with the absence

of noise in tho engine-room in this I way: That tho vibrations were con-• voyed through the walls to the more resonant material of the floors and partitions. Tho resonant material acted as a reinforcement of the sound. _ It converted the vibrations of the engineroom into noiso, by reason of the resonance of tho material, just as a, tun-ing-fork conveyed vibrations to a resonant piece of wood. Unquestionably tho vibrations of tho Scott engine would bo communicated from one building to tho other. To Mr Hosking: When he was in Warner’s the engineer sent his man down to take off the Westinghouse and put on the Scott and disconnect the shafting used for tho jobbing plant. The vibrations from tho Scott were not so perceptible as those from the Westinghouso, and, in fact, were very slight. Mr Vincent, the engineer, was in his company the whole time, but sent a man down. Tho dynamos made a humming noise..' The timber and material of which the upper rooms were made were more resonant, and acted as developers of noise and vibration, or, rather, naturally made the vibrations apparent to tho car. Tho vibrations could not bo felt in the room, but the noise could be hoard. If a person put his ear to tho wall or floor the source of tho sound could be discovered. He distinctly felt vibration when he touched tho walls and floors. He would not naturally look for noise in the rooms, as they could bo constructed so as to avoid the noiso. The absence or presence of windows would make no difference, as it must be cut off at its source. Ho noticed that pugging had been placed between the joists, but that cud not prevent tho -vibration from passing through the joists, which were splendid conductors of sound. The joists, he would consider, were material for conveying the sound, unless suflici-. ently protected. The outer light-well did not convey any sound whatever from the Westinghouse engine, and' it was quite a relief to him to put his head out into tho well. He tested the inner light-well. He heard the same sound there as in tho passages and tho rooms. There was not any more there than in any other part. Frederick Hubert Chamberlain, examined by Mr Alpors, said that bo was engineer to tho Tramway Board. He had had sixteen years’ experience as an engineer. He had been employed during that time on installing power and electric lighting plants, including four hotels in Washington, with horse-power varying from 150 to 500. Ho was assistant to -the consulting engineer in tlie installation of power plant in the \\ amorl-Astoria Hotel, of approximate-. iy 5000 horse-power. The Washington Hotels were on similar soil to the formation in Christchurch. Tho previous nigiit he had visited the “ Times ” Office with Mr Seager, and went into Vi arner’s with Mr Seager, In a general way ho agreed with Mr Seager, except that ho thought Mr Seager was wrong when ho stated that the shaft was not in operation when the Scott engine was running, lie agreed witli what Mr Seager had said about the steam pipe, but it was virtually supported on two walls, the wall next Warner’s a_ncl the dividing-wall between tho boiler-house and the engine. He agreed with Mr Seager’s account as tb the means of conveying tho vibrations into the bedrooms and converting them into sound. The only apparent vibration of the Westinghouse engine was vertical, and besides that vibration into the walls the steam pipes had a tendency to do the same thing. Ho had stood beside the inner light-well, and listened for sound. Ho could distinctly hear the humming or buzzing noise made by tho engine when the Westinghouse unit was running. Ho also heard the humming or buzzing in tho passages and rooms. To Mr, Harper*: .He agreed with Mr, Seager that tho vibrations would result ‘ in noise in tho ■ upper room's. Ho did not think that the noise ho heard when the Westinghouse or tho Scott unit was running would keep people' from sleeping unless they were very nervous. He noticed a pipe, which the engineer told him was an exhaust pipe., Frbm what lie was told, he would say that it would not bo in use while the Westinghouse unit was running. It was connected with another pipe, and vibration in one would be communicated to the other. While the Scott engine was working, its shafting must have been at Work. Tho steam pipe oil tho Westinghouse had a very distinct oscillation. The vibration of the engine and steampipe resulted in noise in>(;ho upper rooms. In room 15a ho could plainly hear the pulsation of the engine, lying in tho bed with his ear close up to the wall. To Mr Alpers: He did not mean that the Scott and-Westinghouse were working together, but one at a time. Tho 'Westinghouse unit had about a quarter load on the first time it was tried, and both engines were set going to oblige the visitors. The engines being in good condition, would run better with a full load than a quarter load. The Scott engine was running with a heavier load. He understood that the engineer said that the Scott engine had as full a load as it ever had. Mr Harper said that he would like to call Mr Petre, architect, as to the noise above. Kis Honor said that evidence to rebut rebutting evidence was not admissible.

Mr Harper urged that he could call evidence to rebut the evidence of Mr Seager and Mr Chamberlain. Mr Petre had not been called because the plaintiff had not called evidence in regard to the travelling of the noiso from below. A good deal of discussion took place between Mr Hosking and his Honor in respect to admitting further evidence on tho point. Ultimately his Honor said that though he had grave doubts on the matter, ho would allow Mr Petre to bo called. Frank William Petre, civil engineer and architect, with forty years’ experience, practising in Dunedin, said that he had been at the “ Times ” when tho machinery was at work five times, and had been in Warner’s on each occasion. Ho heard noise in the bedrooms. There were windows all round on the lightwell, which was partially covered on top with tanks. When lie first entered on the outer light-well, in the afternoon, only tno one horizontal engine was working. There was very little noise in the outer light-well on that occasion. There was more noiso in tho inside of tho leasehold building than. m the light-well. When he visited it in tho evening at nine o’clock, when the Scott and Westinghouse engines were both at work, the noiso in tho outer light-well was considerable, and the noise in the leasehold was very much greater than that which was made in the morning, when tho engine creating most vibration and noise, situated, immediately under tho main part of the leasehold, was working. He was able to satisfy himself of that theoretically by the fact that the sounds in the outer light-well were concentrated with Avails of good non-conducting material, and although the waves of sound radiated by the reflection of the sound from side to side and from the earth below, they passed upwards, and necessarily would pass in whore the non-conducting material did not intervene, at tho window openings, passing inside, and coming in contact with much resonant materia!, they would to a certain extent bo magnified, and necessarily magnified where there was most material of that sort, as in tho upper floor. That, in his opinion, was the main cause of the excess of sound produced iu the building whilst the lighter engine was at work inside. Tho inner light-

1 well would havo a tendency of more f readily passing, up to the upper floor ! the sound and tho effect of vibrations entering into the floors or created in them. The conclusion was that the omission of openings to the outer walls connected with tho outer light-well, and tho omission of tho inner light-Avell altogether would have contributed to tho quietness of the building. _ Tho noiso was greater at the inner lightwell than iu other parts of the top storey. That confirmed him in tho view "that tho light-wells wore conductors of tho sound. Tho high Avails around the light-Avoll acted as a speak-ing-tube. Ho had specially studied acoustics. Tho taking of evidence Avas concluded at 1.15 p.m. His Honor said that ho would visit tho premises, probably that evening. In reply to Mr Stringer, his Honor said that he Avould be sorry to grant an interim injunction, on bis own interpretation of the laAv, and suggested that the case should be decided as soon as possible, and it might go straight to the. Court of Appeal. Mr Stringer said that ho Avould discuss that point with counsel 'for the other side.