면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Tort Law
Court of Appeal
1879

Sturges v Bridgman

(1879) 11 Ch D 852

판결 이유

What amounts to a nuisance depends on the character of the locality. The standard is that of the reasonable user of land in that particular neighbourhood. A prescriptive right to commit a nuisance cannot be acquired until the activity actually becomes actionable.

사실관계

A confectioner had used heavy mortars and pestles in his premises for over 20 years. A doctor built a consulting room at the end of his garden, adjacent to the confectioner's premises. The noise and vibration disturbed the doctor's practice. The confectioner argued he had acquired a prescriptive right through long use.

판결 요약

The Court of Appeal held in favour of the doctor. The nuisance only became actionable when the consulting room was built, so no prescriptive right had been acquired. The character of the neighbourhood was relevant to determining whether the interference was unreasonable.

주요 인용문

"What would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey."

Thesiger LJ

후속 처리

Good law

Classic authority on the locality principle in nuisance. Applied in Coventry v Lawrence [2014].