Rose and Others against Miles

JurisdictionEngland & Wales
Judgment Date02 May 1815
Date02 May 1815
CourtCourt of the King's Bench

English Reports Citation: 105 E.R. 773

IN THE COURT OF KING'S BENCH.

Rose and Others against Miles

See Anglo-Algerian S. S. Company v. Houlder Line, [1908] 1 K. B. 665.

.4M. &S.101. ,f ROSE V. MILES 773 101] kose and others against miles. Tuesday, May 3d, 1815. Where plaintiff declared that before and at the time of committing the grievance, he was navigating his barges laden with goods along a public navigable creek, and that defendant wrongfully moored a barge across, and kept the same so moored, from thence hitherto, and thereby obstructed the public navigable creek, and prevented the plaintiff from navigating his barges so laden, per quod plaintiff was obliged to convey his goods a great distance over land, and was put to trouble and expence in the carriage of his goods over land: Held that this was such a special damage for which an action upon the case would lie. [See Anglo-Algerian S.S. Company v. Roulder Line, [1908] 1 K. B. 665.] Error to reverse a judgment of the Common Pleas. The plaintiff declares in one of the counts, that whereas the plaintiff before and at the time of committing the grievances by the defendants, was lawfully possessed of certain barges and other craft laden with goods, wares, and merchandizes of the plaintiff, and just before and at the time of committing the grievances was navigating his said barges and craft so laden along a certain navigable creek, part of a certain public river, situate, &c., yet the defendants well knowing the premises, but contriving and wrongfully and unjustly intending to injure the plaintiff, and to prevent him from navigating his barges and craft, so laden as aforesaid, along the said public navigable creek, heretofore, to wit, on, &c. wrongfully and injuriously moored and fastened, and caused to be moored and fastened, a certain barge across the said public navigable creek and the channel thereof, and kept and continued the said barge so moored and fastened across the said navigable creek, and the channel thereof, for a long space of time, to wit, from thence hitherto, and thereby during all the time aforesaid obstructed the said public navigable creek and the channel thereof, and thereby prevented the plaintiff from navigating his said barges and craft so laden along the said public navigable creek ; by reason of all which premises the plaintiff was not only during all the time aforesaid obliged to convey all his said goods, wares, and merchandizes, a great distance over land, but was also...

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4 cases
  • Michael John Smith v Fonterra Co-operative Group Ltd
    • New Zealand
    • Supreme Court
    • 7 February 2024
    ...L Prosser “Private Action for Public Nuisance” (1966) 52 Va L Rev 997 at 1005 citing, among other things, Rose v Miles (1815) 4 M & S 101, 105 ER 773 150 Mayor of Kaiapoi v Beswick (1869) 1 NZCA 192. Arney CJ, for instance, canvassed the English case law before summarising it in this way (a......
  • Brodie v Singleton Shire Council
    • Australia
    • High Court
    • 31 May 2001
    ...1194]; Paine v Partrich (1691) Carth 191 [ 90 ER 715]; Iveson v Moore (1699) 1 Ld Raym 486 [ 91 ER 1224]; Rose v Miles (1815) 4 M & S 101 [ 105 ER 773]; Chichester v Lethbridge (1738) Willes 71 [ 125 ER 1061]; Greasly v Codling (1824) 2 Bing 263 [ 130 ER 307]; Wilkes v Hungerford Market Co ......
  • Michael John Smith v Fonterra Co-operative Group Limited
    • New Zealand
    • Supreme Court
    • 7 February 2024
    ...L Prosser “Private Action for Public Nuisance” (1966) 52 Va L Rev 997 at 1005 citing, among other things, Rose v Miles (1815) 4 M & S 101, 105 ER 773 Mayor of Kaiapoi v Beswick (1869) 1 NZCA 192. Arney CJ, for instance, canvassed the English case law before summarising it in this way (at 20......
  • The "Maindy Manor" and The "Eastgate"
    • United Kingdom
    • Probate, Divorce and Admiralty Division
    • Invalid date

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