(Dossier de la Semaine Juridique - Février 96 - Ed. du Juris-classeur) A neighborhood problem about a too noisy hen but which will be excused gives place to a lawsuit which ends in a very poetic way. The Court of Appeal of RIOM proves, if need be, that the proverb according to which the work is serious but is not sad is applicable to the decisions of justice, whom we blame often and inequitably a too big "steepness", as we are going to demonstrate it. The September 7th, 1994 decison in this very serious affair indicates literally that the hen " is a harmless and stupid animal to the point that nobody still succeeded in raising it, not even a Chinese circus; that its neighborhood contains a lot of silence, some soft chuckles which go of the merry (laying eggs) to the serene (tasting of an earthworm) by way of the terrified (seen by a fox); That this peaceful neighborhood has never disturbed that those who, for the other motives, feed some wrath towards the owners of these gallinaceans; that the Court(Yard) will not judge that the boat bothers the sailor, the flour the baker, the violin the orchestra conductor and the hen an inhabitant of the locality Rochette, village of Room of ( 402 souls) in the Department of Puy-de-Dôme. " __________________________________________________________________________________________________ The justice gives reason to the Alsatian cock which sang too much early STRASBOURG (AFP) A mother and her son who protested against their neighbour whose cock had taken the annoying custom to make singing exercises at ungodly hours were refused by the magistrates' court of Altkirch ( Haut-Rhin). The plaintiffs, the 70-year-old woman and her 46-year-old son who live in the same house in Wittersdorf, near Altkirch, demanded to the owner 1.500 euro of damages for abnormal neighborhood disorder. They did not any more accept to be woken by the shouts of the fowl, the sound effusions of which began from 03:00 am months summer. " The cock won ", Mrs Marc Muller exulted, who appeared, not without humor, as the gallinacean lawyer . " The plaintiffs were refused by their argumentation which consisted in underlining the nuisance of the cock and they were condemned to pay 400 euro in conformance with the expenses of procedure ". " It is a logical judgment, of common sense and tolerance ", he has still commented. " In a certain way, the problem of the cock had disappeared when I had pleaded it because, during the procedure, the neighbour had put the cock in a kennel ", granted the plaintiffs lawyer, Mrs Thomas Grimal."My customers had recognized that it suppressed the song of the cock ", he has still indicated, underlining that they had protested all the same - vainly - damages for the nuisances undergone since the installation of the cock. " To there, the cock had a name ", indicated Mrs Muller. " Henceforth he will be called Victoire (Victory), as decided by his owners ".
Naturally it does not have to encourage the noise pollutions but the decisions of justice concerning cocks in rural areas go to the breeders way. It is necessary to be logical to not to put the henhouse under the window of his neighbour and to make the maximum to avoid the noise. For example the fact that the henhouse are isolated with wool of rock to avoid waking all the neighborhood and to open the cock trapdoors at about 7:00 am in the week and 9 at 10 am the weekend.
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