Benjamin v Storr: 1874

The plaintiff’s coffee house was badly affected by the defendant’s wagons standing for long periods in the narrow street outside for the purposes of loading and unloading goods. The wagons blocked his light and the frequent stabling of the horses detracted from his enjoyment of his dwelling.
Held: ‘The cases referred to upon this subject shew that there are three things which the plaintiff must substantiate, beyond the existence of the mere public nuisance, before he can be entitled to recover. In the first place, he must shew a particular injury to himself beyond that which is suffered by the rest of the public. It is not enough for him to shew that he suffers the same inconvenience in the use of the highway as other people do, if the alleged nuisance be the obstruction of a highway.
Other cases shew that the injury to the individual must be direct, and not a mere consequential injury; as, where one way is obstructed, but another (though possibly less convenient one) is left open; in such a case the private and particular injury has been held not to be sufficiently direct to give a cause of action. Further, the injury must be shewn to be of a substantial character, not fleeting or evanescent.’


Brett J


(1874) LR 9 CP 400


England and Wales

Cited by:

CitedJan De Nul (Uk) Limited v NV Royale Belge CA 10-Oct-2001
The contractor undertook to dredge a stretch of river. Due to its failure to investigate properly, the result was the release of substantial volumes of silt into the estuary, to the damage of other river users and frontagers. The act amounted to a . .
CitedMoto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Damages

Updated: 28 April 2022; Ref: scu.180964