Odger's English Common Law

Chapter VIII.
NUISANCE.
Any act which, without any direct physical interference,
materially impairs the use and enjoyment hy another of his
property, or prejudicially affects his health, comfort or con-
venience, is a nuisance. If a nuisance affects the property
or tends to endanger the health, comfort or convenience of
the general public or of all persons who happen to come
within its operation, it is a public nuisance. If it pre-
judicially affects only one or two persons, it is a private
nuisance.
For a public nuisance there are three remedies :—
(i.) By indictment at Assizes or Quarter Sessions. This is
the appropriate remedy where several persons are
affected by the nuisance in the same manner, though
not perhaps to the same extent,
(ii.) The Attorney-General, acting on behalf of the public
—either of his own motion or at the instigation of
some person aggrieved—may apply for an injunction
to restrain the continuance of the nuisance,
(iii.) Any private person, who has in consequence of the
nuisance sustained any special damage of a particular
kind over and above that suffered by the rest of
the public, may bring an action to recover com-
pensation for such damage. Here the particular loss
is the cause of action. 1
For a private nuisance there are two remedies :
(i.) The person aggrieved may enter on the defendant's
land and himself abate the nuisance, if he can do so
peaceably ;
or
1 See the judgment of Bowen, L. J., in Batcliffe v. Ecam, [1892] 2 Q. B, at
pp. 528, 529.
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