A tramway company were in the practice of removing the snow from their track to the sides of the street by means of a snow-plough, and by the use of salt. The effect of this operation was to accumulate at the sides of the street a freezing mixture of snow and salt.
In an action for interdict against the company by a member of the public using the streets for horse traffic, held that the practice complained of was proved to be a nuisance, that it was not sanctioned by the local authority vested with the management of the streets, and that the pursuer was accordingly entitled to interdict.
Opinions (by Lords Watson and Shand) that it would not have been a valid defence that the nuisance was sanctioned by the local authority.
Judgment of the Second Division of the Court of Session reversed.
Judges:
Lord Chancellor (Halsbury), and Lords Watson, Shand, and Davey
Citations:
[1896] UKHL 169, 4 SLR 169
Links:
Jurisdiction:
Scotland
Nuisance
Updated: 27 April 2022; Ref: scu.634029