High Court of Justice, Court of Appeal, United Kingdom
11 Ch.D. 852 (C.A. 1879)
A maker of confections (defendant) had been operating his business from the same property for more than 30 years. The confectioner’s kitchen, at the back of the property, contained two large mortars, which made considerable noise during their operation. The wall of the kitchen was shared with that of a property occupied by a physician (plaintiff). The back of the physician’s property had long been used as a garden, and the impact of the mortars’ noise upon such use was minimal. The physician then built a consulting room on the site of the garden. The noise from the mortars seriously interfered with the physician’s use of the room. The physician sued the confectioner to enjoin the mortars’ operation. The Master of the Rolls granted an injunction. The confectioner appealed.
Rule of Law
Holding and Reasoning (Thesiger, L.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 223,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.