The plaintiff was hit by a cricket ball hit from a cricket ground, and sought damages.
Oliver J described the balancing exercise required in nuisance cases: ‘Whether such an act does constitute a nuisance must be determined not merely by an abstract consideration of the act itself, but by reference to all the circumstances of the particular case, including, for example, the time of the commission of the act complained of; the place of its commission; the manner of committing it, that is, whether it is done wantonly or in the reasonable exercise of rights; and the effect of its commission, that is, whether those effects are transitory or permanent, occasional or continuous; so that the question of nuisance or no nuisance is one of fact.’
Judges:
Oliver J
Citations:
[1949] 1 All ER 237
Jurisdiction:
England and Wales
Cited by:
Appeal from – Bolton v Stone CA 2-Jan-1949
(Reversed, but dicta of Oliver J approved) . .
At First Instance – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Thornhill and Others v Nationwide Metal Recycling Ltd and Another CA 29-Jul-2011
The appellants challenged a decision that the defendants had ceased to be committing an actionable nuisance after erecting a sound barrier between their metal scrap yard and the claimants’ properties.
Held: The judge had correcly applied the . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 12 May 2022; Ref: scu.190136