Lord Evershed MR said: ‘The law as regards obstruction to highways is conveniently stated in a passage in Salmond on Torts, 13th edition: ‘A nuisance to a highway consists either in obstructing it or in rendering it dangerous’. Then a numbed of examples are given which seem to me to show that prima facie at any rate when you put an obstruction to a highway you mean something which permanently or temporarily removes the whole or part of the highway from the public use altogether.’
Judges:
Lord Evershed MR
Citations:
[1955] 1 WLR 113, [1955] 1 All ER 406
Jurisdiction:
England and Wales
Citing:
Cited – Harper v GN Haden and Sons CA 1932
The occupier of a ground floor and basement shop sought damages from the tenants of the upper floors. In order to construct an additional storey, they had erected scaffolding and a hoarding which obstructed the highway outside the plaintiff’s . .
Cited by:
Cited – Dymond 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. . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 17 May 2022; Ref: scu.265919
