Sturges v. Bridgman
High Court of Justice, Court of Appeal, United Kingdom
11 Ch.D. 852 (1879)
- Written by Denise McGimsey, JD
Facts
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
Issue
Holding and Reasoning (Thesiger, L.J.)
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