Odger's English Common Law

PRIVATE NUISANCES. 505
innocently and resold the article in the state in which he
received it.
There are numerous other instances of acts endangering
the public health ; and if damage ensues to a particular
individual over and above that sustained by every member of
the public, he will have a good cause of action. Thus, if a
man caught an infectious disease through another breaking
quarantine, or through the failure of a cabman to disinfect
his cab after taking a smallpox case to the hospital, he could
sue for damages.
Private Nuisances.
Any act which, if it affected many persons, would be a
public nuisance is a private nuisance when it affects only
one or two. The distinction turns on the extent of the
injury. It does not follow, because a thing complained of is a
nuisance to several individuals, that it is therefore a public
nuisance. For instance, the obstruction of a right of light or
other easement is now regarded as a private nuisance, 1
and if
a man by building up a wall darkens the ancient windows of
several different dwelling-houses, he is not therefore guilty of
a public nuisance. Again, a peal of bells is no nuisance or
inconvenience whatever, but is even pleasant, to those who
are at a distance from it. Hence it cannot be a public
nuisance. But it may be a private nuisance to those who live
close to the church, if the bells be rung at unreasonable
hours. 2
Any act, then, other than a direct physical interference, 3 or
any omission to discharge a legal duty, which materially
impairs the use and enjoyment of a man's property or prejudi-
cially affects his health, comfort or convenience, is a private
nuisance, for which he can claim damages in an action of tort.
"Whether a nuisance exists or not in any particular case is a
question of fact for the jury, subject of course to the direction
1 See Colls v. Home and Colonial Stores, [1904] A. C. 179. This subject is dealt
with post, p. 571.
2 Soltauv. Dt Held (1851), 2 Sim. X. S. 133.
s Any direct physical interference with a man's land, goods or person would be a
trespass :
ante, pp. 445, 458, 470.