First Methodist Episcopal Church of City of Cape May, N. J., v. Cape May Grain & Coal Co.

• Decision Date: 23 July 1907
• Citation: 73 N.J.E. 257,67 A. 613
• Parties: FIRST METHODIST EPISCOPAL CHURCH OF CITY OF CAPE MAY, N. J., v. CAPE MAY GRAIN & COAL CO.
• Court: New Jersey Court of Chancery

67 A. 613

73 N.J.E. 257

FIRST METHODIST EPISCOPAL CHURCH OF CITY OF CAPE MAY, N. J.,

v. CAPE MAY GRAIN & COAL CO.

Court of Chancery of New Jersey.

July 23, 1907.

Bill by the First Methodist Episcopal Church of City of Cape May against the Cape May Grain & Coal Company to restrain the continuance of a roller skating rink. Heard on bill and affidavits. Injunction pendente lite allowed.

J. M. E. Hildreth, for complainant. L. T. Stevens, for defendant.

LEAMING, V. C. The bill is filed by the First Methodist Episcopal Church of Cape May city to restrain defendant from operating a roller skating rink in a building erected by defendant upon a lot adjacent to the church property. If the averments set forth in the bill and verified by the several affidavits accompanying the bill are to be relied upon as true, it is entirely manifest that the operation of the skating rink renders it impossible for the church to conduct its regular religious services without serious disturbance from the noise occasioned by the roller skating, and also by the orchestra which supplies music for the patrons of the rink, and also impossible for the pastor of the church to occupy the parsonage with any reasonable degree of comfort. It is admitted that the skating rink is in use every week day between the hours of 3 and 5:30 o'clock p. m., and the hours of 8 and 10:30 p. m., and the regular church services are a class meeting on each Tuesday evening, a prayer meeting on each Wednesday evening, and two class meetings on each Thursday and Friday evenings, each meeting beginning at 8 o'clock in the evening. The skating rink is not operated on Sundays.

The affidavits accompanying the bill disclose that the noise from the operation of the skating rink is so great that at times it prevents the members and patrons of the church from hearing the words of the preacher or the prayers which are offered by the members and visitors of the church, and renders the church services ineffective; that in the main audience room of the church, where it is the custom to hold services on Wednesday evenings during the summer season on account of the large church attendance requiring the use of that room, it is impossible to hold services during the time the skating is in progress; that the parsonage is adjacent to the church, and is occupied by its pastor and his family as a home, and that the study of the pastor is within 12 1/2 feet of the skating rink, it being in the second story of the parsonage and on the same level as the skating rink, which occupies the second story of the building of defendant, which building has 23 windows opening from the rink, 6 of which are on the side of the building nearest to the church property, and all of which are open during the time the skating rink is in operation; that the pastor is often compelled to leave his home by reason of the noise during the time the skating rink is in operation, and that the noise denies him the ordinary comforts of his home, and prevents him from devoting his time to the study and meditation necessary for his pastorate, and renders sleep for him and his family impossible until after the skating rink is closed in the evening; and that he has determined to vacate the building on account of such noise, unless the operation of the skating rink is discontinued, and has already notified the church to that effect.

The affidavits filed in behalf of the defendant satisfy me that the skating rink is well and carefully managed, and is conducted without rowdyism or...