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UK
Law Case Summary |
McCombe v. Read and
Another. |
April, May 1955. Queens Bench
Division. Harman, J. |
| This
case involved damage to a property by Poplar roots. The plaintiff brought an action
against his neighbour, the defendants, for trespass and/or nuisance and/or negligence
caused by roots of the defendants Poplar trees which they had planted. He alleged that the
roots had encroached onto his land and had caused extensive damage to the foundations of
his property through either undermining or through moisture abstraction from the clay soil
and the subsequent shrinkage that this had caused. The plaintiff claimed both damages and
an injunction to prevent such root encroachment.
The case was held in favour of the plaintiff, with both damages and an injunction being
granted..
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| Definitions |
- Plaintiff = A person who brings a case against another in a court of law.
- Defendant = A person accused or sued in a court of law.
- Respondent = A defendant (esp. in an appeal case).
- Appellant = A person who appeals to a higher court.
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