Odger's English Common Law

• only
244 NUISANCE.
of the public to pass and repass along any highway-; but
there is involved in this the right occasionally to draw up a
vehicle to one side of the highway for the purpose of enabling
passengers to alight, or of loading or unloading goods. 1
Such
a temporary stoppage is but a reasonable use of the highway
and not an indictable obstruction, although it may to some
extent impede or interfere with the traffic. A navigable
river is a public highway as far as the ebb and flow of the
tide extends ; yet the public have a right to anchor ships in
such part of the river for a reasonable time to take in cargo. 2
But a riparian owner has no right to erect any permanent
obstruction in such a river (such as a landing-stage on piles),
even though it may be a convenience to some of the public. 3
So it is often necessary and proper to obstruct the traffic for
the purpose of repairing the roadway, or the drains or gas
pipes beneath, or of pulling down and rebuilding a house on
the land immediately adjoining the highway. But to allow
waggons to stand before a warehouse so as to occupy a great
part of the street for several hours by day and night is an
indictable misdemeanour. 4
It will be a defence to an indictment for a public nuisance,
if it can be established that every one, whose health, comfort
or property is in any way in danger of being impaired by it,
could by exercising a moderate and reasonable degree of
caution avoid all chance of harm ; but not if the danger can
be averted by a degree of prudence and care, the con-
tinual exercise of which cannot be reasonably expected from
the innocent public. 5
Again, it will be a defence to an indictment if the defendant
can show that he was authorised by statute to do the acts
which caused the nuisance. But the Court will not construe
a statute as justifying a nuisance, unless the words are clear
and express. 6
1 See Thorpe v. Brumfitt (1873), L. E. 8 Ch. 650.
2 B. v. Bussel. (1827), 6 B. & C. 566.
8 Att.-Gen. v. Terry (1874), L. E. 9 Ch. 423.
* B. v. Bussell (1805), 6 East, 427 ; Att.-Gen. v. Brighton, #c, Supply Asso-
ciation, [1900] 1 Ch. 276.
6 Lister's Case (1857), Dearsl. & B. 209.
See Hill v. Metropolitan Asylum District Board (1879), 4 Q. B. D. 433 ;
and the judgment of Bowen, L. J., in Truman v. L. B. » S. C. By. Co. (1885), 29
Uh. I>. at p. 108 ; and post, p. 5J1.
*