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 such spout, he may recover dmages in an action on the case.

Citations:

[1725] EngR 116, (1725) 8 Mod 272, (1725) 88 ER 193

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedSouthport Corporation v Esso Petroleum Co Ltd CA 3-Jun-1954
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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 02 May 2022; Ref: scu.389076