Aldred's Case 9 Co Rep 57b; (1610) 77 ER 816, is an often-cited seventeenth century case dealing with nuisance

Nuisance

Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...

 in English common law. The case is seen by some as the birth of environmental law

Environmental law

Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...

.

Facts

William Aldred claimed that Thomas Benton had erected a pig sty

Pig Sty

Pig Sty is a sitcom that premiered on UPN on January 23, 1995 during that network's first season. Only 13 episodes were made. Pig Sty ran on Monday nights, after Star Trek: Voyager and Platypus Man...

too close to his house, so that the stench made his own house unbearable to live in.

Judgment

The court ruled that the smell of the sty was enough to deprive Aldred of his property and therefore a violation of his rights, holding that a man has,

"no right to maintain a structure upon his own land, which, by reason of disgusting smells, loud or unusual noises, thick smoke, noxious vapors, the jarring of machinery, or the unwarrantable collection of flies, renders the occupancy of adjoining property dangerous, intolerable, or even uncomfortable to its tenants."

External links

• Discussion from the University of Chicago.
• Text of the Report from the 1826 edition