The Law of Torts a Treatise On the English Law of Liability for Civil Injuries
The Law of Torts a Treatise On the English Law of Liability for Civil Injuries
John William Salmond
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" Thompson v. Gibson (1 84 1) 7 M. & W. 45G ; Eostvell v. Prior (1701) 12 Mod. 635. " RoeweU v. Prior (1701) 12 Mod. 635. 230 NUISANCE [Cliap. VII. Landlord liable if he creates a nuisance. Or if he authorises his tenant to create or continue a nuisance. leased by him to a tenant, the sole remedy being against the tenant.^ There are, however, certain exceptional cases in which the landlord is responsible, though it is not easy, in the present unsatisfactory state of the authorities, to say defi...nitely how far these exceptions extend, or on what principle they are based. 2. In the first place, it seems clearly settled thai, when the landlord has, prior to the lease, created a nuisance on the pre- mises by a positive act of misfeasance, for example, the erection of a building obstructing ancient lights (as opposed to a mere non-feasance, such as an omission to repair), he remains liable for the continuance of that nuisance, even after he has leased the property to a te]uint_. - Even a stranger is, as we have seen, ^ similarly liable for a nuisance due to his misfeasance, though he is not in occupation of the premises at all ; a fortiori the owner of the property.
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