A declaration in case stated that the defendant, being possessed of a messuage adjoining a garden of the plaintiff, erected a cornice upon his messuage, projecting over the garden, by means whereof rain-water flowed from the cornice into the garden, and damaged the same, and the plaintiff had been incommoded in the possession and enjoyment of his garden.
Held: The erection of the cornice was a nuisance from which the law would infer injury to the plaintiff ; and that he was entitled to maintain an action in respect thereof, without proof that rain had fallen between the period of the erection of the cornice and the commencement of the action: Held, also, that the declaration was not to be construed as alleging a trespass.
Citations:
[1845] EngR 79, (1845) 1 CB 828, (1845) 135 ER 769
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Lemmon v Webb HL 27-Nov-1894
A land-owner was free to lop off boughs from his neighbours trees to the extent that they reached over his land, and he could lop them without going on to the neighbour’s land. He was not required to give notice of his intention to do so. . .
Cited – Network Rail Infrastructure Ltd v Williams and Another CA 3-Jul-2018
Japanese Knotweed escape is nuisance
The defendant appealed against an order as to its liability in private nuisance for the escape of Japanese Knotweed from its land onto the land of the claimant neighbours. No physical damage to properties had yet been shown, but the reduction in . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 20 May 2022; Ref: scu.303221