A Treatise On the Law of Boundaries And Fences Including the Rights of Property
A Treatise On the Law of Boundaries And Fences Including the Rights of Property
Ransom H Ransom Hebbard Tyler
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Said Best, J. , in giving the opinion in a case decided by the English Court of King's Bench: "Nuisances by an act of commission are com- mitted in defiance of those whom such nuisances injure, and the injured party may abate them without notice to the person who committed them ; but tliere is no decided case which sanctions the abatement, by an individual, of nnisances from omission, except that of cutting the branches of trees which overhang a public road, or the private propert}^ of the pers...on who cuts them. The per- mitting these branches to extend so far beyond the soil of the owner of the trees, is a most unequivocal act of negligence, which distinguishes this case from most of the other cases that have oecni-red. The security of lives and property may sometimes requii-e so speedy a remedy as not to allow time to call on the per- son on whose property the mischief has arisen to remedy it. In such cases an individual would be justified in abating a nnisance from omission withont notice" {Earl of Lonsdale v.
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