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Title:
Shen Haijun v.The First Design and Research Institute of Mechanical Industry
Party:
China
Region:
Asia and the Pacific
Type of document:
National - higher court
Date of text:
September 28, 2015
Data source:
InforMEA
Court name:
Bengbu Intermediate People’s Court
Seat of court:
Bengbu City, Anhui Province
Justice(s):
Wang Runzhou;Pang Ling;Tao Yi
Reference number:
No. 00679 (2015), Last Instance, Civil Division, Bengbu[(2015)蚌民一终字第00679号]
ECOLEX subject(s):
Air & atmosphere
Abstract:

The plaintiff is a retired engineer of the First Design and Research Institute of Mechanical Industry. And the defendant installed the heating pipe for the workers of the workers’ living house. In order to increase the heat delivery pressure, the defendant installed the booster pump outside the west wall of plaintiff’s residence lateral. In 2014, the plaintiff thought that the booster pump had influenced the rest and appealed to the court, and then the two sides reached a peace appointment, so the plaintiff withdrew its prosecution. Later, the defendant removed the booster pump to the west side of the heat transfer station outside the west wall of the plaintiff’s house. And then the plaintiff appealed to the court again for the booster pump affenting sleep, who thought the noise level must be the zero level.

The case was brought by the Bengbu Yuhui District People's Court. The plaintiff thought that the abnormal of electrocardiogram is caused by the noise of the defendant, but the plaintiff did not give any prove that there is the specific relevance between the hurt and the noise. So the appeal was rejected by the Bengbu Intermediate People’s Court.

(Contribution:   Professor Tianbao QIN, Tang HE, and Han GAO, Research Institute of Environmental Law, Wuhan University, China )