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Trevetts v Lee: CA 1955

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:

CitedHarper 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:

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. . .
Lists of cited by and citing cases may be incomplete.

Nuisance

Updated: 17 May 2022; Ref: scu.265919

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