Continuing Nuisances - Law Dictionary Search Results

Home Dictionary Name: continuing nuisances

Continuing nuisances

Continuing nuisances, may amount to a further tort of nuisance; this is called a continuing nuisance, Taberley v. Henry W Peabody & Co of London Ltd., Rowland Smith Motors Ltd. and Rowland Smith, (1946) 2 All ER 1992....

Nuisance

Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...

nuisance

nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...

nuisance per accidens

nuisance per accidens : nuisance in fact at nuisance ...

Noisy nuisance

Noisy nuisance. An action may lie for a noisy nuisance, as by ringing bells, Soltau v. De Held, (1851) 2 Sim NS 133; user of stable, Ball v. Ray, (1873) LR 8 Ch 467; reprinting works, Plsue v. Rushmer, 1907 AC 121; or hotel kitchen, Vanderpant v. Mayfair Hotel Co. Ltd., (1930) 1 Ch 138. As to nuisance caused by rifle practice, see Hawley v. Steele, (1877) 6 Ch D 521. As to motor horns, etc., the Minister of Transport may prohibit noise and hooting (20 & 21 Geo. 5, c. 43, s. 30; and 24 & 25 Geo. 5, c. 50, s. 9); and see MUSICIAN....

Public nuisance

Public nuisance, in India it is a punishable offence; the ingredients of this offence are: (1) doing of any act or illegal omission to do an act; (2) the act or omission causes any common injury, danger or annoyance to the public; has both civil as well as criminal liability, Indian Penal Code, s. 268.Means any nuisance which materially affects the reasonable. Comfort and conveniences of class ......... To establish the offence of public nuisance it is necessary to show that a substantive section of the public has been affected, as opposed to just a few individuals, Strouds Judicial Dictionary, Vol. 2, p. 212...

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Continuing Nuisances - Law Dictionary Search Results