ELEMENTS OF PUBLIC NUISANCE | MARTINS LIBRARY

1.      That the nuisance is materials

2.      That the nuisance is interfering with the ordinary  comfort of causing inconvenience. 

The following case portrays the  element of interference in public  nuisance: in  the case of Vanderpant V Mayfair Hotel Co.  Ltd (1929) ALLER 296.

This was a case where the  defendant hotel operated opposite the plaintiffs house. The  plaintiff  used  for public  nuisance and for an injunction to stop  the defendant hotel from obstructing the highway and access  to his premise, and to restrain the defendants  from interfering with  the

  comfort of  his house by noise arising from his hotel, in the form of shouting, loud talking, in handling of kitchen, or domestic utensils, milk chuns and other articles. The court held:

That the plaintiff could maintain action for public nuisance having proved particular damage which were direct and substantial.

Also in the case of Tarry V Ashton (1876) I QBD 314. In that case the defendant an owner of house abutting on a public road, erected a protruding lamp over hanging the highway.

The  court Held: that the plaintiff could  sue for negligence, public nuisance and damages, and the defendant was liable.

    The above authorities portrays nuisance as interfering no matter how little the interference is /are.

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