Morton v Wheeler: CA 31 Jan 1956

Sharp spikes by the side of a highway were said to be a nuisance. Lord Denning MR said: ‘As all lawyers know, the tort of public nuisance is a curious mixture. It covers a multitude of sins. We are concerned to-day with only one of them, namely, a danger in or adjoining a highway. This is different, I think, from an obstruction in the highway. If a man wrongfully obstructs a highway, or makes it less commodious for others (without making it dangerous) he is guilty of a public nuisance because he interferes with the right of the public to pass along it freely.’ and ‘Danger stands, however, on a different footing from obstruction.’


Lord Denning MR


1956 CA 33


England and Wales

Cited by:

CitedDymond v Pearce CA 13-Jan-1972
A motorcyclist crashed into the rear of a lorry stationary on the carriageway. The plaintff said that the parking of the lorry was a nuisance, and that if it had not been so parked, there would have been no accident.
Held: The appeal failed. . .
ApprovedRider v Rider CA 1973
The plaintiff was a passenger in a car which her husband was driving and which collided with a van. The husband had been driving too fast. The edge of the tarmac on the road abutted grass verges at a lower level and the edge had been inadequately . .
CitedWalsh v The Council of The Borough of Kirklees QBD 5-Mar-2019
No demonstrable error of assessment – no appeal
The claimant cyclist appealed from refusal of damages after being thrown from her bike on hitting a pothole in the road. The court had found it unproven that the pothole was dangerous.
Held: The evidence had been difficult. The court noted . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Road Traffic

Updated: 12 April 2022; Ref: scu.265920