Joseph Garrett v. State

Decision Date08 December 1886
Citation7 A. 29
PartiesJOSEPH GARRETT v. STATE. WILLIAM H. GARRETT v. SAME.
CourtNew Jersey Supreme Court

Error to quarter sessions, Hudson county. Indictment for maintaining a public nuisance.

The plaintiffs in error were convicted at the Hudson county quarter sessions upon the following indictment:

"The grand inquest of the state of New Jersey, in and for the body of the county of Hudson, upon their respective oaths, present that William H. Garrett, late of the township of Kearney, in the said county of Hudson, on the first day of January, in the year of our Lord 1884, and on divers other days and times between that day and the day of the taking of this inquisition, at the * * * township, in the county aforesaid, and within the jurisdiction of this court, near to certain public streets and common highways, then and also near to the dwelling-houses of divers citizens of this state, there situate and being, did unlawfully and injudiciously put and place in certain buildings, messuages, and tenements, and in the appurtenances thereto, then and there situate, a large quantity of filth, parts of bodies of dead animals, and entrails of dead animals, to-wit, one thousand barrels of filth, one thousand barrels of parts of bodies of dead animals, and one thousand barrels of entrails of dead animals; and the said filth, parts of bodies of dead animals, and entrails of dead animals, then and there, to-wit, on the said first day of January, in the year of our Lord 1884, and on divers other days and times between that day and the day of the taking of the inquisition, at the township of Kearney aforesaid, unlawfully and injuriously then and there did and still do keep and suffer to remain, lie, and be, by means whereof divers noisome, noxious, and unwholesome smells and stenches, during all the time aforesaid, and large quantities of noisome, noxious, and unwholesome smokes and vapors on the days and times aforesaid, then and there were emitted, sent forth, and issued from the said buildings, messuages, tenements, and appurtenances thereto, and the air in the neighborhood thereof, and for a great distance round and about there, on the days and times aforesaid, was and still is greatly filled and impregnated with many noisome, noxious, unwholesome, and offensive stinks and stenches, during all the time aforesaid has been and still is greatly corrupted, and rendered unwholesome,—to the great damage and common nuisance of all the good citizens of this state there inhabiting, being, and residing, and going, returning, and passing, through and along the said public streets and common highways there, to the evil example of all others in like case offending, contrary to the form of the statute in such case made and provided, and against the peace of this state, the government and dignity of the same.

"And the grand inquest aforesaid, upon their oath aforesaid, do further present that the said William H. Garrett, on the first day of January, in the year of our Lord 1884, and on divers other days and times between that day and the day of the taking of this inquisition, at the township aforesaid, in the county of Hudson aforesaid, and within the jurisdiction of this court, near to divers public streets and common highways, then and also near to the dwelling-houses of divers citizens of this state, there situate and being, did unlawfully and injuriously erect and build, and cause and procure to be erected and built, certain buildings and structures; and in said buildings and structures, after the erection thereof, did keep and maintain, for the purpose of rendering and extracting and removing lard and grease and tallow from parts of the bodies of dead animals, and from filth and other stinking and unwholesome substances, and for other purposes, to the grand inquest aforesaid unknown; and did then and there unlawfully make, construct, and set up, and cause and procure to be made, constructed, and set up, in the said buildings and structures, divers boilers, tanks, stoves, kettles, cauldrons, furnaces, and other machinery and appurtenances, to-wit, ten cauldrons, ten furnaces, and ten machines and apparatuses, for the purpose of rendering, extracting, and removing lard, grease, and tallow from parts of bodies of dead animals, and from filth and other stinking and unwholesome substances, and for other purposes, to the grand inquest aforesaid unknown; and that the said William H. Garrett, on the said first day of January, in the year of our Lord 1884, and on divers other days and times between that day and the day of the taking of this inquisition, at the township of Kearney aforesaid, in the county of Hudson aforesaid, unlawfully and injuriously did render, extract, and remove from parts of bodies of dead animals, and from filth and other unwholesome and stinking substances, in and by means of the boilers, tanks, stoves, kettles, cauldrons, furnaces, and other machinery and apparatus, so made, set up, and placed in the said buildings as aforesaid, large quanties of lard, grease, and tallow, to-wit, two hundred tons of lard, two hundred tons of grease, and two hundred tons of tallow, by means of which said premises, divers noisome, noxious, and unwholesome smells, smokes, vapors, and stenches on the days and times aforesaid were sent forth, emitted, and issued from the said buildings and erections, so that the air on the several days and times aforesaid, at the township of Kearney aforesaid, in the county aforesaid, was thereby greatly filled and impregnated with said smells, smokes, vapors, and stenches, and was rendered and became and still is corrupted, offensive, and unwholesome and deleterious,—to the great damage and common nuisance of all the good citizens of this state then inhabiting, being, and residing, and going, returning, and passing, through and along the said public streets and common highways, to the evil example of all others in like case offending, contrary to the form of the statute in such case made and provided, and against the peace of this state, the government and dignity of the same.

"And the grand inquest aforesaid, upon their oath aforesaid, do further present that the said William H. Garrett, on the first day of January, in the year of our Lord 1884, and on divers other days and times between that day and the day of the taking of this inquisition, at the township of Kearney aforesaid, in the county of Hudson aforesaid, and within the jurisdiction of this court, near to divers public streets and common highways then and also near to the dwelling-houses of divers citizens of this state, then situate and being unlawfully and injuriously, did put and place, and cause and procure to be put and placed, in certain buildings and other structures, and in the messuages and appurtenances thereto, large quantites of filthy parts of bodies of dead animals,...

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7 cases
  • Board of Health of Weehawken Tp., Hudson County v. New York Cent. R. Co.
    • United States
    • New Jersey Supreme Court
    • March 27, 1950
    ...554 (1910); Bowers v. City of Indianapolis, 169 Ind. 105, 81 N.E. 1097, 13 Ann.Cas. 1198 (1907). In Garrett v. State, 49 N.J.L. 94, 693, 7 A. 29, 33, 60 Am.Rep. 592 (Sup.Ct.1886), it was indicated that the corruption of the air by noisome odors and smells, to the annoyance and inconvenience......
  • Department of Health v. Owens-Corning Fiberglas Corp.
    • United States
    • New Jersey Superior Court — Appellate Division
    • April 17, 1968
    ...in New Jersey proceeded as a local exercise of the state police power, under the public nuisance theory. Thus, in Garrett v. State, 49 N.J.L. 94, 7 A. 29 (Sup.Ct.1886), it was indicated that the corruption of the air by noisome odors and smells, to the annoyance and inconvenience of the pub......
  • Cherry Hill Tp. v. New Jersey Racing Commission
    • United States
    • New Jersey Superior Court
    • November 6, 1974
    ...so far as the public is concerned, a work or business which by common law would otherwise be a public nuisance. Garrett v. State, 49 N.J.L. 94, 693, 7 A. 29 (Sup.Ct.1886). Where, as here, the Legislature has authorized the State Department of Health to approve the discharge of effluent from......
  • Delaware, L. & WR Co. v. Chiara
    • United States
    • U.S. Court of Appeals — Third Circuit
    • March 16, 1938
    ...84 N.J.L. 289, 86 A. 386; State v. Riggs, 91 N.J.L. 456, 106 A. 216, appeal dismissed 92 N.J.L. 575, 106 A. 467; Garrett v. State, 49 N.J.L. 94, 693, 7 A. 29, 60 Am.Rep. 592; Simmons v. Paterson, 60 N.J.Eq. 385, 45 A. 995, 48 L. R.A. 717, 83 Am.St.Rep. 642; State v. Erie Railroad Co., 84 N.......
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