The defendant’s tanker came aground, spilling fuel, for which the corporation claimed damages. The corporation appealed against rejection of that claim.
Held: In order to support an action for private nuisance the defendant must have used his own land or some other land in such a way as injuriously to affect the enjoyment of the plaintiff’s land. It was not an essential element in liability for a nuisance that it should emanate from land belonging to the defendant, although commonly it does.
Judges:
Denning, Morris LJJ
Citations:
[1954] EWCA Civ 5, (1954) 118 JP 411, [1954] 2 QB 182, [1954] 2 All ER 561, [1954] 3 WLR 200, [1954] 1 Lloyd’s Rep 446
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Southport Corporation v Esso Petroleum Co Ltd QBD 1953
An oil tanker ran aground in an estuary. The master jettisoned 400 tons of oil cargo to prevent the tanker breaking her back. The tide carried the oil slick on to a foreshore causing damage. The foreshore owners sued the shipowners in trespass, . .
Cited – Reynolds v Clerk 16-Jun-1725
If a man has a right to the use of a yard in common with the owner, he does not commit in trespass by entering into the yard in order to fix a water-spout to his house; but if any injury is done to the owner of the yard, in consequence of fixing . .
Cited – Prior of Southwards 1498
The prior complained because the defendant, who was a glover, had made a lime pit for calf-skins so close to a stream as to pollute it.
Held: If the glover had dug the lime pit in the prior’s soil, the action ought to be in trespass: but if it . .
Cited by:
Appeal from – Esso Petroleum Co Ltd v Southport Corporation HL 1955
A tanker, the Inverpool, was grounded in difficult weather by its master when he feared its back was broken. Substantial volumes of oil leaked, and the local authority sought to recover the costs of the clean up. At first instance, the defence of . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Negligence, Torts – Other
Updated: 12 July 2022; Ref: scu.262847