Noisome, noxious, and offensive vapors, fumes and stenches in American towns and cities, 1840-1865

Historical Geography

Volumn 25, Issue 1-2, 1997, Pages 49-82

  Rosen, Christine Meisner ^a  

^a UNIVERSITY OF CALIFORNIA   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

ENVIRONMENTAL HISTORY; ENVIRONMENTAL LEGISLATION; HISTORICAL STUDY; INDUSTRIAL POLLUTION; NINETEENTH CENTURY; POLLUTION CONTROL;

USA, MASSACHUSETTS; USA, NEW JERSEY; USA, NEW YORK; USA, PENNSYLVANIA;

EID: 0030834811     PISSN: 10916458     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (88)

1. Cropsey v. Murphy, 1 Hilt. 126 1 (N.Y., 1856).
2. American Digest, Century Edition: A Complete Digest of All Reported American Cases From the Earliest Times to 1896 (St. Paul, MN: West Publishing Co., 1897).
3. The suits include public as well as private nuisance suits. While some were ruled upon as trial court cases, others were decided at the intermediate appellate level or the states' courts of last resort. In each instance, only the published report of the final hearing of the case for which there was a published report listed in the index has been analyzed. Many of these reports contained summaries of decisions and arguments made at earlier stages of the litigation. Needless to say, some reported pollution nuisance cases may not have been indexed under the "Nuisance" heading. If so, these cases were not included in this study. We could not find two obscure Pennsylvania trial court cases indexed under "Nuisance." It is not known if they involved industrial pollution.
4. Quote is from Charles Haswell, Reminiscences of an Octogenarian of the City of New York, 1861-1860 (New York: Harper & Bros., 1896), 12. See also Henry G. Crowell, "Sanitary Regulations Relating to Abattoirs," Public Health Reports and Papers 3 (1877): 16-23; Carl Bridenbaugh, Cities in the Wilderness, The First Century of Urban Life in America (New York: Knopf, 1950), 238, 398-399. John Ballard Blake, Public Health in the Town of Boston, 1630-1822 (Cambridge, MA: Harvard University Press, 1959), 15-16, 29-30, 104, 145, 161-162, 208; Elizabeth Blackmar, Manhattan For Rent, (Ithaca, NY: Cornell University Press, 1989), 49; John Duffy, A History of Public Health in New York City 1625-1866 (New York: Russell Sage Foundation, 1968), 28-29, 44-47.
5. Quote is from Charles Haswell, Reminiscences of an Octogenarian of the City of New York, 1861-1860 (New York: Harper & Bros., 1896), 12. See also Henry G. Crowell, "Sanitary Regulations Relating to Abattoirs," Public Health Reports and Papers 3 (1877): 16-23; Carl Bridenbaugh, Cities in the Wilderness, The First Century of Urban Life in America (New York: Knopf, 1950), 238, 398-399. John Ballard Blake, Public Health in the Town of Boston, 1630-1822 (Cambridge, MA: Harvard University Press, 1959), 15-16, 29-30, 104, 145, 161-162, 208; Elizabeth Blackmar, Manhattan For Rent, (Ithaca, NY: Cornell University Press, 1989), 49; John Duffy, A History of Public Health in New York City 1625-1866 (New York: Russell Sage Foundation, 1968), 28-29, 44-47.
6. Quote is from Charles Haswell, Reminiscences of an Octogenarian of the City of New York, 1861-1860 (New York: Harper & Bros., 1896), 12. See also Henry G. Crowell, "Sanitary Regulations Relating to Abattoirs," Public Health Reports and Papers 3 (1877): 16-23; Carl Bridenbaugh, Cities in the Wilderness, The First Century of Urban Life in America (New York: Knopf, 1950), 238, 398-399. John Ballard Blake, Public Health in the Town of Boston, 1630-1822 (Cambridge, MA: Harvard University Press, 1959), 15-16, 29-30, 104, 145, 161-162, 208; Elizabeth Blackmar, Manhattan For Rent, (Ithaca, NY: Cornell University Press, 1989), 49; John Duffy, A History of Public Health in New York City 1625-1866 (New York: Russell Sage Foundation, 1968), 28-29, 44-47.
7. Quote is from Charles Haswell, Reminiscences of an Octogenarian of the City of New York, 1861-1860 (New York: Harper & Bros., 1896), 12. See also Henry G. Crowell, "Sanitary Regulations Relating to Abattoirs," Public Health Reports and Papers 3 (1877): 16-23; Carl Bridenbaugh, Cities in the Wilderness, The First Century of Urban Life in America (New York: Knopf, 1950), 238, 398-399. John Ballard Blake, Public Health in the Town of Boston, 1630-1822 (Cambridge, MA: Harvard University Press, 1959), 15-16, 29-30, 104, 145, 161-162, 208; Elizabeth Blackmar, Manhattan For Rent, (Ithaca, NY: Cornell University Press, 1989), 49; John Duffy, A History of Public Health in New York City 1625-1866 (New York: Russell Sage Foundation, 1968), 28-29, 44-47.
8. Quote is from Charles Haswell, Reminiscences of an Octogenarian of the City of New York, 1861-1860 (New York: Harper & Bros., 1896), 12. See also Henry G. Crowell, "Sanitary Regulations Relating to Abattoirs," Public Health Reports and Papers 3 (1877): 16-23; Carl Bridenbaugh, Cities in the Wilderness, The First Century of Urban Life in America (New York: Knopf, 1950), 238, 398-399. John Ballard Blake, Public Health in the Town of Boston, 1630-1822 (Cambridge, MA: Harvard University Press, 1959), 15-16, 29-30, 104, 145, 161-162, 208; Elizabeth Blackmar, Manhattan For Rent, (Ithaca, NY: Cornell University Press, 1989), 49; John Duffy, A History of Public Health in New York City 1625-1866 (New York: Russell Sage Foundation, 1968), 28-29, 44-47.
9. Quote is from Charles Haswell, Reminiscences of an Octogenarian of the City of New York, 1861-1860 (New York: Harper & Bros., 1896), 12. See also Henry G. Crowell, "Sanitary Regulations Relating to Abattoirs," Public Health Reports and Papers 3 (1877): 16-23; Carl Bridenbaugh, Cities in the Wilderness, The First Century of Urban Life in America (New York: Knopf, 1950), 238, 398-399. John Ballard Blake, Public Health in the Town of Boston, 1630-1822 (Cambridge, MA: Harvard University Press, 1959), 15-16, 29-30, 104, 145, 161-162, 208; Elizabeth Blackmar, Manhattan For Rent, (Ithaca, NY: Cornell University Press, 1989), 49; John Duffy, A History of Public Health in New York City 1625-1866 (New York: Russell Sage Foundation, 1968), 28-29, 44-47.
10. Dana v. Valentine, 46 Mass. 8 (Mass., 1842).
11. Commonwealth v. Brown, 54 Mass. 365 (Mass., 1847).
12. Catlin v. Valentine, 9 Paige 575 (N.Y., 1842); Cornes v. Harris, 1 N.Y. 223 (N.Y., 1848); Brady v. Weeks, 3 Barb. 157 (N.Y., 1848); Peck v. Elder, 5 N.Y. Super. Ct 126 (N.Y., 1849); Howard v. Lee, 5 N.Y. Super. Ct. 281 (3 Sandf.) (1849); Cropsey v. Murphy, 1 Hilt. 126 (N.Y.,1856); Dubois v. Budlong, 15 Abb. Prac. 445, 23 N.Y. Super. Ct. 700 (10 Basw.) (N.Y., 1863); Smith v. Cummings, 2 Pars. Eq. Cas. 92 (Pa., 1851); Commonwealth v. Upton, 72 Mass. 473 (Mass., 1856). See also Commonwealth v. Van Sickle, 4 Clark 104, 7 Pa. Law Journal. 82, Brightly N.P. 69 (Pa., 1845).
13. Davidson v. Isham, 9 N.J. Eq. 186 (N.J., 1852). The same nuisance was also at issue in Durant v. Williamson, 7 N.J. Eq. 547 (N.J., 1849).
14. Commonwealth v. Rumford Chemical Works, 82 Mass. 231 (16 Gray) (Mass., 1860); Tichenor v. Wilson, 8 N.J. Eq. 197 (N.J., 1849).
15. Pottstown Gas Co. v. Murphy, 39 Pa. 257 (Pa., 1861).
16. Ingraham v. Dunnell, 46 Mass. 118 (Mass., 1842); Holsman v. Boiling Spring Bleaching Co., 14 N.J. Eq. 335 (N.J., 1862).
17. Sam Bass Warner, Jr., Urban Wilderness: A History of the American City (New York: Harper & Row , 1972), 81-84; Sam Bass Warner, Jr., The Private City: Philadelphia in Three Periods of its Growth (Philadelphia: University of Pennsylvania Press, 1968), 2-11, 50-61. A comparison of maps of the distribution of businesses and residents can be made from: Oscar Handlin, Boston's Immigrants (New York: Atheneum, 1972), 89-98; and David Ward, "The Industrial Revolution and the Emergence of Boston's Central Business District," Economic Geography 42 (1966): 154, 159. See also Allan Pred, "Manufacturing in the American Mercantile City: 1800-1840," Annals of the Association of American Geographers 56 (1966): 325-337; Allan Pred, "The Intrametropolitan Location of American Manufacturing," in Internal Structure of the City: Readings in Space and Environment, ed. Larry S. Bourne (New York: Oxford University Press, 1971), 381-385.
18. Sam Bass Warner, Jr., Urban Wilderness: A History of the American City (New York: Harper & Row , 1972), 81-84; Sam Bass Warner, Jr., The Private City: Philadelphia in Three Periods of its Growth (Philadelphia: University of Pennsylvania Press, 1968), 2-11, 50-61. A comparison of maps of the distribution of businesses and residents can be made from: Oscar Handlin, Boston's Immigrants (New York: Atheneum, 1972), 89-98; and David Ward, "The Industrial Revolution and the Emergence of Boston's Central Business District," Economic Geography 42 (1966): 154, 159. See also Allan Pred, "Manufacturing in the American Mercantile City: 1800-1840," Annals of the Association of American Geographers 56 (1966): 325-337; Allan Pred, "The Intrametropolitan Location of American Manufacturing," in Internal Structure of the City: Readings in Space and Environment, ed. Larry S. Bourne (New York: Oxford University Press, 1971), 381-385.
19. Sam Bass Warner, Jr., Urban Wilderness: A History of the American City (New York: Harper & Row , 1972), 81-84; Sam Bass Warner, Jr., The Private City: Philadelphia in Three Periods of its Growth (Philadelphia: University of Pennsylvania Press, 1968), 2-11, 50-61. A comparison of maps of the distribution of businesses and residents can be made from: Oscar Handlin, Boston's Immigrants (New York: Atheneum, 1972), 89-98; and David Ward, "The Industrial Revolution and the Emergence of Boston's Central Business District," Economic Geography 42 (1966): 154, 159. See also Allan Pred, "Manufacturing in the American Mercantile City: 1800-1840," Annals of the Association of American Geographers 56 (1966): 325-337; Allan Pred, "The Intrametropolitan Location of American Manufacturing," in Internal Structure of the City: Readings in Space and Environment, ed. Larry S. Bourne (New York: Oxford University Press, 1971), 381-385.
20. Sam Bass Warner, Jr., Urban Wilderness: A History of the American City (New York: Harper & Row , 1972), 81-84; Sam Bass Warner, Jr., The Private City: Philadelphia in Three Periods of its Growth (Philadelphia: University of Pennsylvania Press, 1968), 2-11, 50-61. A comparison of maps of the distribution of businesses and residents can be made from: Oscar Handlin, Boston's Immigrants (New York: Atheneum, 1972), 89-98; and David Ward, "The Industrial Revolution and the Emergence of Boston's Central Business District," Economic Geography 42 (1966): 154, 159. See also Allan Pred, "Manufacturing in the American Mercantile City: 1800-1840," Annals of the Association of American Geographers 56 (1966): 325-337; Allan Pred, "The Intrametropolitan Location of American Manufacturing," in Internal Structure of the City: Readings in Space and Environment, ed. Larry S. Bourne (New York: Oxford University Press, 1971), 381-385.
21. Sam Bass Warner, Jr., Urban Wilderness: A History of the American City (New York: Harper & Row , 1972), 81-84; Sam Bass Warner, Jr., The Private City: Philadelphia in Three Periods of its Growth (Philadelphia: University of Pennsylvania Press, 1968), 2-11, 50-61. A comparison of maps of the distribution of businesses and residents can be made from: Oscar Handlin, Boston's Immigrants (New York: Atheneum, 1972), 89-98; and David Ward, "The Industrial Revolution and the Emergence of Boston's Central Business District," Economic Geography 42 (1966): 154, 159. See also Allan Pred, "Manufacturing in the American Mercantile City: 1800-1840," Annals of the Association of American Geographers 56 (1966): 325-337; Allan Pred, "The Intrametropolitan Location of American Manufacturing," in Internal Structure of the City: Readings in Space and Environment, ed. Larry S. Bourne (New York: Oxford University Press, 1971), 381-385.
22. Sam Bass Warner, Jr., Urban Wilderness: A History of the American City (New York: Harper & Row , 1972), 81-84; Sam Bass Warner, Jr., The Private City: Philadelphia in Three Periods of its Growth (Philadelphia: University of Pennsylvania Press, 1968), 2-11, 50-61. A comparison of maps of the distribution of businesses and residents can be made from: Oscar Handlin, Boston's Immigrants (New York: Atheneum, 1972), 89-98; and David Ward, "The Industrial Revolution and the Emergence of Boston's Central Business District," Economic Geography 42 (1966): 154, 159. See also Allan Pred, "Manufacturing in the American Mercantile City: 1800-1840," Annals of the Association of American Geographers 56 (1966): 325-337; Allan Pred, "The Intrametropolitan Location of American Manufacturing," in Internal Structure of the City: Readings in Space and Environment, ed. Larry S. Bourne (New York: Oxford University Press, 1971), 381-385.
23. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
24. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
25. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
26. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
27. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
28. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
29. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
30. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
31. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
32. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
33. For overviews of these problems see: Martin V. Melosi, Garbage in the Cities: Refuse, Reform, and the Environment 1880-1980 (Chicago: Dorsey Press, 1981), 1-20; Stanley K. Schultz, Constructing Urban Culture: American Cities and City Planning, 1800-1920 (Philadelphia: Temple University Press, 1989), 114-119, 129-149; and Joel A. Tarr, "The Search for the Ultimate Sink: Urban Air, Land, and Water Pollution in Historical Perspective," Records of the Columbia Historical Society of Washington, D.C., Vol. 51 (Charlottesville, VA: Columbia Historical Society, 1984), 1-29. Foul well water was the source of much complaint in New York City as early as 1748: Nelson Manfred Blake, Water for the Cities: A History of the Urban Water Supply Problem in the United States (Syracuse, NY: Syracuse University Press, 1956), 13-14. Municipal investigations documented widespread contamination of wells in Boston and Baltimore in the 1830s and continued to be a problem in many cities and towns through the rest of the century: Ibid., 178, 294, 223-224, 248-264. See also Joel A. Tarr et al., "Water and Wastes: A Retrospective Assessment of Wastewater Technology in the United States, 1800-1932," Technology and Culture (April 1984): 226-263; Joel A. Tarr, "Sewerage and the Development of the Networked City in the United States," in Technology and the Rise of the Networked City in Europe and America, ed. Joel A. Tarr and Gabriel Dupuy (Philadelphia: Temple University Press, 1988); Stuart Galishoff, "Triumph and Failure: The American Response to the Urban Water Supply Problem, 1860-1923," in Pollution and Reform in American Cities, 1870-1930, ed. Martin V. Melosi (Austin: University of Texas Press, 1980); Pure and Wholesome: A Collection of Papers on Water and Waste Treatment at the Turn of the Century (New York: Society of Civil Engineers, 1982). Reports on the sanitary conditions in cities by Boards of Health and public health reformers provide descriptions of the general problems with drainage, sewerage, and sanitation at this time that led to an intense level of stench in cities as well as the problems created by large numbers of animals being driven through the streets or left dead on them. See for example: Boston Board of Health, The Sanitary Condition of Boston (Boston, 1875), 148; Citizens' Association of New York, Council of Hygiene and Public Health, Sanitary Condition of the City: Report of the Council of Hygiene and Public Health of the Citizens' Association of New York (1866; repr. New York: Arno Press, 1970), xcii-xcvi, passim.
34. Noah Webster, A Dictionary of the English Language, Revised and Enlarged by Chauncy Goodrich (New York, 1857), 754.
35. Pottstown Gas Co. v. Murphy, 39 Pa. 257, at 263. This language defines what is meant by a private nuisance.
36. Howard v. Lee, 5 N.Y. Super Ct. 281, at 281-282.
37. Dana v. Valentine, 46 Mass. 8, at 10-11.
38. Peck v. Elder, 5 N.Y. Super. Ct. 126, at 127-128.
39. Durant v. Williamson, 7 N. J. Eq. 547, at 549, 551-552; Davidson v. Isham, 9 N.J. Eq. 186.
40. Dana v. Valentine, 46 Mass. 8.
41. Commonwealth v. Upton, 72 Mass. 473; Commonwealth v. Van Sickle, 4 Clark 104.
42. Commonwealth v. Upton, 72 Mass. 473, at 474.
43. Commonwealth v. Van Sickle, 4 Clark 104, at 106.
44. Ibid., at 108-109.
45. Commonwealth v. Upton, 72 Mass. 473, at 475-476.
46. Smith v. Cummings, 2 Pars. Eq. Cas. 92, at 92-93.
47. Ibid., at 93-95. A similar situation is at the heart of Holsman v. Boiling Spring Bleaching Co., 14 N.J. Eq. 335, in which the owner of an expensive mansion (built in 1836 on a 200, acre farm) sued a company (established in 1859) that bleached and finished cotton and woolen goods over the terrible stenches and water pollution it emitted.
48. Tichenor v. Wilson, 8 N.J. Eq. 197, at 197-199.
49. Ibid.
50. Smith v. Cummings, 2 Pars. Eq. Cas. 92, at 94-95; Tichenor v. Wilson, 8 N.J. Eq. 197, at 197, 199, 202.
51. Schultz, Constructing Urban Culture, 112-149; Melosi, Garbage in the Cities, 12, 26-27.
52. Schultz, Constructing Urban Culture, 112-149; Melosi, Garbage in the Cities, 12, 26-27.
53. Commonwealth v. Van Sickle, 4 Clark 104 at 108-109; Commonwealth v. Upton, 72 Mass. 473, at 475-476.
54. Brady v. Weeks, 3 Barb. 157, at 159.
55. Two of the fifteen injunction suits were for injunctions and damages. The other four cases were damage suits.
56. I am including Commonwealth v. Van Sickle in this number, as the stenches involved in this suit came from a hog pen.
57. The courts imposed injunctions on slaughterhouses in Catlin v. Valentine, 9 Paige 575; Brady v. Weeks, 3 Barb. 157; and Commonwealth v. Upton, 17 Mass. 473; on a soap-making business in Howard v. Lee, 5 N.Y. Super. Ct. (3 Sandf.) 281; and the Butchers' Melting Association's giant fat-melting establishment in Peck v. Elder, 5 N.Y. Super. Ct. (3 Sandf.) 126; as well as on the distillery and its hog yard in Commonwealth v. Van Sickle, 4 Clark 104.
58. The neat's foot oil manufacturer in Commonwealth v. Brown, 54 Mass. 365; and the rendering plant operator in Smith v. Cummings, 2 Pars. Equ. Cas. 92, won narrow, technical victories in which the courts held that the plaintiffs had filed improperly drawn bills that could be amended if the plaintiffs wished to take continued legal action against the defendants.
59. The Massachusetts Supreme Court refused to impose an injunction on the slaughter-house, fat-melting, soap and candle-making business in Dana v. Valentine, 46 Mass. 8, on the in business for more than twenty years, a right, asserted the justice who wrote the decision, that the plaintiff could only impeach by winning a separate suit for damages in a court of law prior to filing for an injunction, something the plaintiff had not done. The New York Superior Court refused to impose an injunction on a hog yard, slaughterhouse, fat-boiling business in Dubois v. Budlong, 2 Pars. Equ. Cas. 92, on the grounds the defendant was not conducting the business in a negligent way, that other similar businesses in the neighborhood might be causing the nuisance, and that the nuisance had to be proven in a court of law in a suit for damages before the plaintiffs could file for an injunction.
60. In Holsman v. Boiling Springs Bleaching Co., 14 N.J. Eq. 335, the plaintiff won a partial injunction against the defendant that required it to stop discharging the stench-emitting chemicals from its textile mill that polluted the plaintiff's property (rather than requiring it to close the mill). In Commonwealth v. Rumford Chemical Works, the state won a ruling on a point of law that enabled it to go forward with the prosecution of a public nuisance indictment against the defendant for its noxious smokes, gases, and smells.
61. The courts refused to impose injunctions on a cotton mill in Ingraham v. Dunnell, 46 Mass. 118; on a drug and spice-grinding mill in Durant v. Williamson, 7 N. J. Eq. 547; and Davidson v. Isham, 9 N. J. Eq. 186; and against a chemical works in Tichenor v. Wilson, 8 N. J. Eq. 197.
62. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
63. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
64. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
65. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
66. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
67. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
68. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way?
69. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
70. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
71. The development of legal doctrines providing businesses with immunity for liability for nuisance is described by Morton J. Horwitz, The Transformation of American Law 1780-1860 (Cambridge, MA: Harvard University Press, 1977), 74-78; and Paul M. Kurtz, "Nineteenth Century Nuisance Injunctions - Avoiding the Chancellor," William and Mary Law Review 17 (1976): 621-670. See also: D. M. Provine, "Balancing Pollution and Property Rights: A Comparison of the Development of English and American Nuisance Law," Anglo-American Law Review 7 (1978): 31-56; Joel Franklin Breener, "Nuisance Law and the Industrial Revolution," Journal of Legal Studies 3 (1974): 403-433; and Daniel R. Coquillette, "Mosses from an Old Manse: Another Look at Some Historic Property Cases about the Environment," Cornell Law Review 64 (1979): 761-821. On the internal conflict within nuisance law and the persistence of the sic utere doctrine see Christine Rosen, "Differing Perceptions of the Value of Pollution Abatement across Time and Place: Balancing Doctrine in Pollution Nuisance Law, 1840-1906," Law and History Review, 11 (1993): 303-881; and Christine Meisner Rosen, "But Which Shall Give Way? The Contested Terrain of Pollution Nuisance Law in Pennsylvania and New York, 1840-1890," (Paper delivered at American Society for Environmental History Meeting, Las Vegas, 17 March 1995). See also Robert G. Bone, "Normative Theory and Legal Doctrine in American Nuisance Law: 1850-1920," Southern California Law Review (September 1986): 1104-1226. For additional background on the complex role played by nuisance law in pollution regulation and control see: Martin V. Melosi, "Hazardous Waste and Environmental Liability: An Historical Perspective," Houston Law Review 25 (1988); and John P. McLaren, "Nuisance Law and the Industrial Revolution Some Lessons from Social History," Oxford Journal of Legal Studies 3 (1983): 155-221.
72. Council of Hygiene and Public Health, Sanitary Condition of the City. 43. Ibid., xciv.
73. Council of Hygiene and Public Health, Sanitary Condition of the City. 43. Ibid., xciv.
74. Ibid., 43-65, the map and description of the area shown on it are on pp.56-58.
75. Ibid., 171-181, illustration and discussion of slaughterhouses are on pp.175-6.
76. Ibid., 85-90, 142-170, 182-194.
77. Ibid., 86-89.
78. Ibid., xcii-xciv. Quotes are from p.xciii. Map is on leaf between pp.xciv and xcv.
79. Ibid., 266.
80. Ibid., 261-267, quote is from p.265.
81. Cropsey v. Murphy, 1 Hilt. 126 1.
82. Bushrod W. James, "How Abattoirs Improve the Sanitary Condition of Cities," Public Health Reports and Papers 6 (1881): 231-238. Crowell, "Sanitary Regulations Relating to Abattoirs," 19. See also, Louise Carroll Wade, Chicago's Pride: The Stockyards, Packingtown, and Environs in the Nineteenth Century, (Urbana: University of Illinois Press, 1987), 130-143.
83. Bushrod W. James, "How Abattoirs Improve the Sanitary Condition of Cities," Public Health Reports and Papers 6 (1881): 231-238. Crowell, "Sanitary Regulations Relating to Abattoirs," 19. See also, Louise Carroll Wade, Chicago's Pride: The Stockyards, Packingtown, and Environs in the Nineteenth Century, (Urbana: University of Illinois Press, 1987), 130-143.
84. Bushrod W. James, "How Abattoirs Improve the Sanitary Condition of Cities," Public Health Reports and Papers 6 (1881): 231-238. Crowell, "Sanitary Regulations Relating to Abattoirs," 19. See also, Louise Carroll Wade, Chicago's Pride: The Stockyards, Packingtown, and Environs in the Nineteenth Century, (Urbana: University of Illinois Press, 1987), 130-143.
85. Ibid. See also E. H. Janes, "Sanitary Views of Abattoirs and the Slaughtering Business in New York," Public Health Reports and Papers 3 (1877): 24-31; and E. H. Janes, "The Slaughtering Nuisance in New York," The Sanitary Engineer 11 (April 16, 1885): 411. Stewart Galishoff, Newark: The Nation's Unhealthiest City, 1832-1895 (New Brunswick: Rutgers University Press, 1988), 114.
86. Ibid. See also E. H. Janes, "Sanitary Views of Abattoirs and the Slaughtering Business in New York," Public Health Reports and Papers 3 (1877): 24-31; and E. H. Janes, "The Slaughtering Nuisance in New York," The Sanitary Engineer 11 (April 16, 1885): 411. Stewart Galishoff, Newark: The Nation's Unhealthiest City, 1832-1895 (New Brunswick: Rutgers University Press, 1988), 114.
87. Ibid. See also E. H. Janes, "Sanitary Views of Abattoirs and the Slaughtering Business in New York," Public Health Reports and Papers 3 (1877): 24-31; and E. H. Janes, "The Slaughtering Nuisance in New York," The Sanitary Engineer 11 (April 16, 1885): 411. Stewart Galishoff, Newark: The Nation's Unhealthiest City, 1832-1895 (New Brunswick: Rutgers University Press, 1988), 114.
88. Ibid. See also E. H. Janes, "Sanitary Views of Abattoirs and the Slaughtering Business in New York," Public Health Reports and Papers 3 (1877): 24-31; and E. H. Janes, "The Slaughtering Nuisance in New York," The Sanitary Engineer 11 (April 16, 1885): 411. Stewart Galishoff, Newark: The Nation's Unhealthiest City, 1832-1895 (New Brunswick: Rutgers University Press, 1988), 114.