Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Courts of Equity will also interpose by injunction in cases of nuisance,
to restrain and prevent an injury for which courts of law, in many
cases, could not give an adequate compensation, 1 _Fonb. Tr. Eq._ 31;
_Coulson_ v. _White_; 3 _Atk._ 21; _Atty. Gen._ v. _Doughty_, 2 _Ves._
453. And though the Court of Chancery, on application to have an assumed
nuisance (as a mill-dam which had been destroyed) restored to its
original state, has refused an injunction; yet to accelerate the
determination of the right it has directed the defendant to bring an
action of trespass, and every thing to be admitted on both sides
necessary for trying the mere right. _Birch_ v. _Sir Lyster Holt_; 3
_Atk._ 725; 2 _Ves._ 414; on this principle see also _Lord Teynham_ v.
_Herbert_, 2 _Atk._ 483, and cases there.
Noxious, dangerous, or highly disagreeable trades and manufactures are
nuisances, except when exercised in accustomed places;[546] thus an
ancient brewery[547] though in the midst of a populous town, is no
actionable nuisance, 2 _Lil. Abr._ 246; _Jones_ v. _Powell; Palm._ 536;
_Hutt._ 153; because it shall be supposed to have been erected when
there were no buildings near; but if a brewery or glass-house (_Rex et
Regina_ v. _Wilcox_, 2 _Salk._ 458) be newly erected, it is a nuisance,
1 _Hawk. Pl._ 199; _Jones_ v. _Powell_, _Hutton_ 135, for the smoke is
at least destructive of comfort and may be injurious to health; much
more then is a smelting-house a nuisance when, in addition to dense and
continued volumes of smoke, the poisonous fumes of sulphur, lead,
antimony, and arsenic, not only taint the atmosphere, but so affect
vegetation as either to destroy it altogether or poison the cattle that
feed upon the adjacent herbage; or where the vapours injure fruit trees,
4 _Ed._ 3, and 4 _as. pla._ 3, cited in a pamphlet A. D. 1639 in
Serjeant _Hill’s_ collection of law pamphlets, vol. 5; see also 1 _Roll.
Abr._ 89; 1 _Burr. R._ 260. Now though the business of smelting is
highly necessary, and it may appear hard to restrain a man from making
the most profitable use of his lands and premises, yet public health is
of primary importance,[548] and these maxims of law must ever be
remembered: _Prohibetur ne quis faciat in suo, quod nocere possit
alieno: et sic utere tuo ut alienum non lædas. Palm._ 536; 9 _Co. Rep._
58.
Next to the fumes of metallic poisons we may rank the vapours of
sulphuric, nitric, muriatic, and other acids, when carelessly prepared
in large quantities, _Rex_ v. _White and Ward, Burr._ 333.
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