The pursuer sought an interdict against the defender from carrying on the operation of lime-burning on his land: ‘the question whether a proprietor complaining of such injury has a title and interest to interfere does not depend exclusively upon present injury to his land. He is entitled to take into account not only the actual inconvenience and discomfort caused to people living on the ground by noxious fumes, but also the injury to the value of the property and the prospect of using it for advantageous purposes, other than those to which it is actually applied at the moment.’
Judges:
Lord Kinnear
Citations:
(1903) 5 F 338
Jurisdiction:
England and Wales
Cited by:
Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Lists of cited by and citing cases may be incomplete.
Scotland, Nuisance
Updated: 25 November 2022; Ref: scu.195607
