Bamford v Turnley
Encyclopedia
Bamford v Turnley 3 B & S 62; 122 ER 25, is an important English tort law
case, concerning nuisance
and what it means to be a reasonable user of land.
At first instance it was held that the brick smoke was reasonable because the defendant had only been using the kiln in order to build a home.
held that the defendants had to pay compensation. Responding to the argument that if land is being reasonably used in itself, then there is a public interest that it should be carried on Bramwell B
went on…
in, An Introduction to the Principles of Morals and Legislation (1789) wrote in Ch.1, V.,
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
case, concerning nuisance
Nuisance in English law
Nuisance in English law is an area of tort law broadly divided into two torts; private nuisance, where the actions of the defendant are "causing a substantial and unreasonable interference with a [claimant]'s land or his use or enjoyment of that land", and public nuisance, where the defendant's...
and what it means to be a reasonable user of land.
Facts
The defendants burnt bricks in a kiln and this sent noxious fumes to the surrounding country, affecting various neighbours. It made them and their servants ill. They sued to prevent the nuisance.At first instance it was held that the brick smoke was reasonable because the defendant had only been using the kiln in order to build a home.
Judgment
Bramwell BGeorge Wilshere, 1st Baron Bramwell
George William Wilshere Bramwell, 1st Baron Bramwell , was an English judge.-Early years:Bramwell was born in London, the eldest son of George Bramwell, of the banking firm of Dorrien, Magens, Dorrien & Mello. He was educated privately, and at the age of sixteen he entered Dorrien's bank...
held that the defendants had to pay compensation. Responding to the argument that if land is being reasonably used in itself, then there is a public interest that it should be carried on Bramwell B
George Wilshere, 1st Baron Bramwell
George William Wilshere Bramwell, 1st Baron Bramwell , was an English judge.-Early years:Bramwell was born in London, the eldest son of George Bramwell, of the banking firm of Dorrien, Magens, Dorrien & Mello. He was educated privately, and at the age of sixteen he entered Dorrien's bank...
went on…
Inspiration
Jeremy BenthamJeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
in, An Introduction to the Principles of Morals and Legislation (1789) wrote in Ch.1, V.,