1. Defendant's laundry business was established shortly before complainants entered the neighborhood, thus limiting the right of complainants to object. Defendant's business, however, has since been enlarged, and it is this enlargement which is the gravamen of their complaint against the resulting increased noise, vibration, soot and smoke. Injunction granted enjoining defendant from operating its plant during the hours of seven P.M. and six-thirty A.M., and from emitting soot and smoke from the laundry smoke stack.
2. Though defendant's business be a lawful one, it must be conducted with due regard to the rights of adjoining property owners, one of which is the right to rest and sleep during the night.
3. Noises which would not be adjudged nuisances, under the circumstances, if made in the daytime, will be declared to be nuisances if made at night.
PER CURIAM.
We have carefully examined the proofs and are satisfied that they fully support the result reached below.
Decree is affirmed, with costs.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 14.
For modification — DONGES, J. 1.