England Court of Exchequer Chamber
122 Eng. Rep. 27 (1862)
Turnley (defendant) made brick kilns on his land, which created smoke and fumes that carried onto Bamford’s (plaintiff) land. Although the kilns were as far away from Bamford’s land as possible, the smoke and fumes disrupted Bamford’s possession and enjoyment of his land. Bamford brought a nuisance claim against Turnley, who claimed that the kiln making was necessary to his use of the land, and that this activity benefitted the public. The trial court gave a judgment in favor of Turnley, holding that the location of the kilns was proper and that the burning of bricks was a reasonable use of Turnley’s land.
Rule of Law
Holding and Reasoning (Bramwell, J.)
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