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NUISANCE

Substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity.

This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience or damage."

Nuisances are either public or common, or private nuisances. A public or common nuisance is such an inconvenience or troublesome offence, as annoys the whole community in general, and not merely some particular person. To constitute a Public nuisance, there must be such 'a number of persons annoyed, that the offence can no longer be considered a private nuisance: this is a fact to be judged of by the jury. It is difficult to define what degree of annoyance is necessary to constitute a nuisance. In relation to offensive trades, it seems that when such a trade renders the enjoyment of life and property uncomfortable, it is a nuisance for the neighborhood have a right to pure and fresh air.

A thing may be a nuisance in one place, which-is not so in another; therefore the situation or locality of the nuisance must be considered. A tallow chandler seeing up his baseness among other tallow chandlers, and increasing the noxious smells of the neighborhood, is not guilty of setting up a nuisance, unless the annoyance is much increased by the new manufactory. Such an establishment might be a nuisance-in a thickly populated town of merchants and mechanics where no such business was carried on.

Public nuisances arise in consequence of following particular trades by which the air is rendered offensive and noxious. From acts of public indecency; as bathing in a public river in sight of the neighboring houses or for acts tending to a breach of the public peace, as for drawing a number of persons into a field for the purpose of pigeon-shooting, to the disturbance of the neighborhood or keeping a disorderly house or a gaming house or a bawdy house or a dangerous animal, known to be such and suffering him to go at large, as a large bull-dog accustomed to bite people or exposing a person having a contagious disease, as the smallpox, in public and the like.

A private nuisance is anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another.

These are such as are injurious to corporeal inheritance's; as, for example, if a man should build his house so as to throw the rain water which fell on it, on my land or erect his. building, without right, so as to obstruct my ancient lights; keep hogs or other animals so as to incommode his neighor and render the air unwholesome.

Private nuisances may also be injurious to incorporeal hereditaments. If, for example, I have a way annexed to my estate, across another man's land, and he obstruct me in the use of it, by plowing it up or laying logs across it and the like.

The remedies for a public nuisance are by indicting the party.

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