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Rex v. White and Ward

1 Burr. Rep. 333, 97 Eng. Rep. 338 (1757)

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Rex v. White and Ward

England and Wales High Court of King’s Bench
1 Burr. Rep. 333, 97 Eng. Rep. 338 (1757)

  • Written by Tanya Munson, JD

Facts

White and Ward (defendants) had operated a distillery in the town of Twickenham near the King’s common highway. The operation involved making spirits using sulfur, concentrated sulfuric acid, and nitric acid. The distillation process was loud, and the combination of the ingredients caused a noxious odor that could be smelled by nearby residents and by those traveling on the King’s common highway. The smell was not only offensive, but it caused people to fall ill and develop headaches. White and Ward were indicted and convicted of causing a nuisance. White and Ward subsequently stopped the operation and disposed of or sold all the materials involved and appealed the judgment.

Rule of Law

Issue

Holding and Reasoning (Lord Mansfield, C.J.)

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