Cox's Magistrates Cases Volume 18

Cox's Magistrates Cases Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...unless the decision is directly in point and its principle has since been recognised and acted upon. In Keeble v. Hickeringill the plaintiff sued for the disturbance of a. decoy upon his property, which he used for the purpose of capturing wild fowl and sending them to market. The defendant, who was an adjoining proprietor, had fired guns upon his own land, not with the view of killing game or Wildfowl, hut with the sole object of frightening the birds, and either driving them out of his neighbour's decoy pond or preventin them from entering it. The act coinplained 0 was, in substance, the makin of u. noise so close to the lands of the pla.i.nt' as to be a nuisance to him. Upon that aspect of the case I do not find it necessary to express any opinion as to the conduct of the defendant; but this much is clear, that no proprietor has an absolute right to create noises upon his own land, because any right which the law gives him is qualified by the condition that it must not be exercised to the nuisance of his neighbours or of the public. If he violates that condition he commits alegal wrong, and, if he does so intentionally, he is guilty of a malicious wrong, in its strict legal sense. Holt, C.J., who delivered the opinion of the court, treated the case as one of interference with the plaintifis' trade, consisting in the capture and sale of wild fowl. He distinguishes it from the case of invading a franchise, which, I apprehend, would, in itself, amount to a legal wrong, and thus states the law applicable to it: " When a violent or malicious act is done to a man's occupation, profession, or way of getting a livelihood, then an action lies in all cases." Ivsee no reason to doubt that by a "violent act" the...
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Product details

  • Paperback | 718 pages
  • 189 x 246 x 37mm | 1,261g
  • United States
  • English
  • black & white illustrations
  • 123674229X
  • 9781236742292