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
To steep stinking sheep-skins (2 _Strange_ 686) or other noxious,
noisome, or poisonous thing is indictable. It is a nuisance, for which
an action will lie, to erect a lime-kiln[556] so near a fish-pond that
it infects the water, and the fish die, or to make a drain which brings
in unwholesome food to them, 16 _Vin. Abr._ 33;[557] and if it be on a
navigable river it is indictable, as in the recent case of the _King_ at
the relation of the city of _London_, conservators of the _Thames_
against _Munroe_ and _Evans_, proprietors of certain gass-works, the
refuse from which being discharged into the river is said to have
destroyed the fish;[558] the defendants were found guilty. _Croydon
Assizes_, 1821.
Noises, whether by day (_Tenant_ v. _Jones_ K. B. Feb. 15, 1821) or by
night (_Rex_ v. _Smith_, 2 Str. 704) are nuisances, for these not only
render life uncomfortable, but are prejudicial to the health of
invalids; there is a case in equity where an agreement not to toll a
church-bell was enforced by injunction.
But it is said the fears of mankind, however reasonable, will not create
a nuisance; therefore it is no nuisance to erect a building for the
purposes of inoculation, (_Jac. Law Dict. Anon Dec._ 18, 1752; 3 _Atk._
21, 720, 750.) In this case a motion was made for an injunction to stay
the building of a house for the purpose of inoculating for the small-pox
in Cold Bath Fields; for the motion the following cases and authorities
were cited, 2 _Roll. Abr._ 139, (the case of _Browne_ for dividing a
messuage) _Hawk. Pl. c._ 75, _s._ 11; 1 _Lutw._ 169. But _Lord
Hardwicke_ said, that upon an indictment of that kind there had been
lately an acquittal at Rye, and refused the injunction.
This decision does not appear to be reconcileable with the cases and
statutes respecting the keeping of gunpowder,[559] which is a nuisance
by the reasonable fears of possible danger, (_Rex_ v. _Taylor_, 2 _Str._
1167, 1169.) So also it was a nuisance, indictable, to divide a house in
a town for poor people to inhabit in, by reason whereof it will be more
dangerous in the time of sickness and infection of the plague, (2 _Roll.
Abr._ 139); and this possible evil has often been realised in the
obscurer parts of _London_ in cases of typhus, and more frequently in
the liberty of _Dublin_ where the narrowness of the streets, and the
alleged operation of the window-tax have excluded the possibility of
proper ventilation. It is therefore more reasonable to suppose that the
utility of the establishment in question in the above cited case, and
the comparative openness of the situation prevailed over the fear of
possible risk, and that the principal objection was the exercise of the
summary jurisdiction of a court of equity in a matter more properly
triable at law, rather than from an opinion that a receptacle for highly
infectious diseases in a populous neighbourhood was not a nuisance.
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