If a man has a right to the use of a yard in common with the owner, he does not commit in trespass by entering into the yard in order to fix a water-spout to his house; but if any injury is done to the owner of the yard, in consequence of fixing such spout, he may recover dmages in an action on the case.
Citations:
[1725] EngR 116, (1725) 8 Mod 272, (1725) 88 ER 193
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Southport Corporation v Esso Petroleum Co Ltd CA 3-Jun-1954
The defendant’s tanker came aground, spilling fuel, for which the corporation claimed damages. The corporation appealed against rejection of that claim.
Held: In order to support an action for private nuisance the defendant must have used his . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 02 May 2022; Ref: scu.389076