Facts
A doctor moved next door to a confectioner, who had produced sweets for sale in his kitchen for many years. The doctor constructed a small shed for the purpose of private practice. He built the shed on the boundary. However, the loud noises from the confectioner's industrial mortars and pestles could be clearly heard, disrupting his use and enjoyment of his land. He sought an injunction. The facts were described by Thesiger LJ in the Court of Appeal as follows,
| “ | The Defendant in this case is the occupier, for the purpose of his business as a confectioner, of a house in Wigmore Street. In the rear of the house is a kitchen, and in that kitchen there are now, and have been for over twenty years, two large mortars in which the meat and other materials of the confectionery are pounded. The Plaintiff, who is a physician, is the occupier of a house in Wimpole Street, which until recently had a garden at the rear, the wall of which garden was a party-wall between the Plaintiff’s and the Defendant’s premises, and formed the back wall of the Defendant’s kitchen. The Plaintiff has, however, recently built upon the site of the garden a consulting-room, one of the side walls of which is the wall just described. It has been proved that in the case of the mortars, before and at the time of action brought, a noise was caused which seriously inconvenienced the Plaintiff in the use of his consulting-room, and which, unless the Defendant had acquired a right to impose the inconvenience, would constitute an actionable nuisance. The Defendant contends that he had acquired the right, either at common Law or under the Prescription Act, by uninterrupted user for more than twenty years. | ” |
Read more about this topic: Sturges V Bridgman
Famous quotes containing the word facts:
“I went to the woods because I wished to live deliberately, to front only the essential facts of life, and see if I could not learn what it had to teach, and not, when I came to die, discover that I had not lived.... I wanted to live deep and suck out all the marrow of life, to live so sturdily and Spartan-like as to put to rout all that was not life, to cut a broad swath and shave close, to drive life into a corner, and reduce it to its lowest terms.”
—Henry David Thoreau (1817–1862)
“There are in me, in literary terms, two distinct characters: one who is taken with roaring, with lyricism, with soaring aloft, with all the sonorities of phrase and summits of thought; and the other who digs and scratches for truth all he can, who is as interested in the little facts as the big ones, who would like to make you feel materially the things he reproduces.”
—Gustave Flaubert (1821–1880)