A Practical Treatise on the Law of Nuisances in Their Various Forms (Volume 1); Including Remedies Therefor at Law and in Equity (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893. Excerpt: ... individual complaining; for in their absence no right can be said to be violated, and, consequently, no nuisance exists.1 6. Motive has no bearing on question.--Nuisances arising out of the use to wnich property is devoted, either by the owner or one who is lawfully in possession, are declared so by the courts with extreme caution; for upon the very threshold of inquiry they are met by conflicting rights of the parties, and in nearly every instance with a use of the property which is lawful in itself, and in its use in the manner complained of is attended with no wrongful intent or improper purpose. It is merely a question of rights. 3 The motives of the parties are immaterial so long as the act is lawful. An act, however malicious, however wrongful in its intent, or however serious in its consequences, may be so far within the scope of the party's right as not to be a nuisance or produce an actionable injury;4 while upon the other hand, a party who devotes his premises to a use that is strictly lawful in itself, that is fruitful of great benefits to the community, that adds materially to its wealth, and enhances its commercial importance and prosperity, and whose motives are good, and intentions laudable even, may find that by reason of the violation of the rights of those in the vicinity of his works, from results that are incident to his business, and that cannot be so far corrected as to prevent the injury complained of, his works are declared a nuisance, his business stopped, and himself involved in financial ruin. Therefore, it is proper and highly important that courts should proceed with extreme caution, and weigh the relative rights of the parties with exceeding care, and never declare a business a nuisance, except there be such essential...