Goodrich v. Starrett

• Citation: 108 Wash. 437,184 P. 220
• Decision Date: 10 October 1919
• Docket Number: 15319.
• Parties: GOODRICH et al. v. STARRETT et al.
• Court: Washington Supreme Court

184 P. 220

108 Wash. 437

GOODRICH et al. v. STARRETT et al.

No. 15319.

Supreme Court of Washington

October 10, 1919

Department 2.

Appeal from Superior Court, Jefferson County; John M. Ralston Judge.

Action by Charles F. Goodrich and others against George E. Starrett and another. From a judgment granting a permanent injunction the defendants appeal. Affirmed.

A. R Coleman, of Port Townsend, for appellants.

Allan Trumbull, of Port Townsend, for respondents.

FULLERTON J.

This is an action to enjoin the maintenance of an undertaking establishment and morgue, alleged in the complaint to constitute a nuisance. The trial court entered a premanent injunction, and defendants appeal.

The facts appearing in the record are in substance these: The appellant Starrett is the owner of a building originally constructed as a dwelling house, situated in a residence portion of the city, and surrounded by the dwelling houses of others in use as residences by their owners. For some 20 years prior to the commencement of the action, Starrett, either by himself or in partnership with others, had conducted an undertaking establishment and morgue in the city of Port Townsend, at a place remote from residences, and to which there was seemingly no objection because of its location. Some three years prior to the commencement of the action Starrett entered into partnership with his coappellant, Weeks, for the conduct of the business, and shortly prior to the commencement of the action moved the business to the dwelling house of Starrett before mentioned. At the time of the removal the house was somewhat out of repair, one of the windows was entirely gone, and others had in them broken panes of glass, all were without fly screens, or screens of any sort, save for some sash curtains of a flimsy nature, and there were no proper sewer connections, necessary, as one of the appellants admitted, to the conduct of a first-class morgue. With the house in this condition, the appellants began to receive dead bodies for the purpose of preparing them for burial; those dying from contagious and infectious diseases as well as others. Their testimony was, however, to the effect that the building was being put in repair as rapidly as possible.

The respondents severally own dwelling houses, which are adjacent to and surround the house in which the appellants are conducting their business. The testimony of the respondents was to the effect that the conduct of the business greatly interfered with the enjoyment of their homes; that they lived in dread of acquiring some contagious disease; that the constant conveying of dead bodies in and out of the building, the conducting of funeral services therein, accompanied, as they are, by the hysterical sobbing of the relatives of the dead, has a depressing effect upon them, especially the women folk of the families, who, because of the nature of their duties, must remain in the homes and be constant witnesses of the business conducted by the appellants. As typical of the testimony concerning the effect the conduct of the business had upon the surrounding families, we quote from the testimony of the respondent Mrs. Goodrich:

'I am unable to relish my meals or sleep properly; it is on my mind continually. It has a depressing effect upon me. I don't think I am over-sensitive. I have been with the dead at the time of dying, and have no fear of spirits or anything like that; but it is very disagreeable. I have a constant fear of contagion from living in close proximity to a morgue, on account of my children and family. I have noticed a great many flies around my premises lately. I am continually fighting them in the house; we are in fear of them all the time. It suggests this morgue the moment I see a fly. I can see in the morgue. I can see from my back door the entrance there, I presume, to the basement or the cellar of the house, and upstairs I can see what goes on in the street. I can hear hysterical sobbing and the music that is played there. From my yard I can see them carrying in and out dead bodies. It spoils the enjoyment of our home. I don't care to invite guests to dine at my table. I know that a great many of my friends have the same feeling that I have in regard to it. My chief pleasure has been in caring for my garden, and I am denied that pleasure. If the morgue continues to run in close proximity to my residence, I feel

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