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UK Law Case
Summary |
Earl of Lonsdale v. Nelson
and Others. Court of Kings Bench (Abbott, C.J., Bayley,
Holroyd and Best, JJ). 14th November 1823. |
This case deals
with the cutting of branches from a neighbouring tree back to the property line. During
the case Judge Best said that "the permitting these branches to extend so far
beyond the soil of the owner of the trees is a most unequivocal act of negligence"
and "the security of lives and property may sometimes require so speedy a remedy as
not to allow time to call on the person on whose property the mischief has arisen to
remedy it".
He went on to say that "in such cases an individual would be justified in
abating a nuisance from omission without notice". |
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Further Information relevant to
this case. |
Earl of Lonsdale
v. Nelson and Others. All England Law Reports 1814-1823. |
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