The plaintiff shopkeepers complained of obstructions caused by customers queuing outside the defendant’s vegetable shop. He was selling rationed vegetables in the quantities licensed. The judge had found that neither nuisance, nor damage had been established.
Held: The appeal failed. The defendant was carrying out an essential public service in an appropriate normal and proper manner. Even if nuisance had been established, a complaint would not lie unless he could be shown to have behaved in some excessive or unreasonable manner. The queues were caused by the shortage of potatoes.
Citations:
[1946] KB 437, [1946] 2 All ER 247, [1947] LJR 894, 175 LT 61, 62 TLR 401, 90 Sol Jo 443
Jurisdiction:
England and Wales
Citing:
Cited – Harper v GN Haden and Sons CA 1932
The occupier of a ground floor and basement shop sought damages from the tenants of the upper floors. In order to construct an additional storey, they had erected scaffolding and a hoarding which obstructed the highway outside the plaintiff’s . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 18 May 2022; Ref: scu.621479