Sir Richard Dobson, Knt., and John Sutton against Blackmore
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1847 |
| Date | 01 January 1847 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 1554
QUEEN'S BENCH
[991] sir richard dobson, knt., and john sutton against blackmore. 1847. A count in case, stating that plaintiff was possessed of a messuage abutting on a public navigable river, and by reason thereof was accustomed and of right entitled to have free use and navigation of the river, for the purpose of passing in boats and conveying goods to the messuage, and convenient access to (a)1 1 Wins. Saund. 320 b. See note (b), p. 320 c. (a)2 In the present case, the particulars specified only work done and money expended in respect of the surveying, &c. the railway ; and they referred, as to part of the sum claimed, to the agreement, but, as to the other part, contained no such reference. (b) R. G. Hil. 4 W. 4, General Rules and Regulations, 5. (d) See MaUhewsm v. Bay,]l& M. & W. 329. 9Q-B. 992. DOB8ON V. Bl.ACKMORE 1555 the messuage from the river, but that defendant fixed barges, planks, &c., in the part of the river near the messuage, and kept and continued the aame, and thereby hindered plaintiff from having the free use of the river, and passing in boats and conveying goods to and from the messuage, and plaintiff was thereby put to expense in endeavouring to remove the obstructions, and wag obliged to convey the goods in a longer and more inconvenient route, is good, as sufficiently shewing a particular injury to the individual. But, if the jury negative actual damage, the plaintiff cannot have judgment. A count stating plaintiff to be reversioner of premises, occupied by his tenants, and abutting on a public navigable river, and that plaintiff and all the liege, &c. were accustomed of right to have free navigation and passage on the river for boats, &c., and plaintiff was accustomed of right to have, for the enjoyment of the premises by his tenants, free use and navigation of that part of the river near to the same, and free passage for all persons in boats to approach the same, and pass to the premises from the river, and unload the boata on the premises, without obstruction; but that defendant fixed barges, planks, &c. in the part of the river near the premises, and thereby obstructed the use and navigation of that part, and hindered persona from passing to the premises from the river, and hindered the unloading of boats on the premises, and by means thereof plaintiff was injured in his reversionary interest, is bad in arrest of judgment, as not shewing a damage to the reversionary interest. [S. C. 16 L. J. Q. B. 233; 11 Jun. 556.] Case, The first count of the declaration stated that, before and at the time of the committing, &c., a messuage and premises, with the appurtenances, situate at Green wich, in Kent, and adjoining to and abutting upon a navigable river, to wit the river Thames, were in the possession and occupation of a certain person, to wit one Henry Richard Chappell, as tenant thereof to plaintiffs, the reversion thereof then and still belonging to plaintiffs: that, before, &c., and at all times, plaintiffs and all other the liege, &e. were accustomed to have, and of right ought to have had, free passage and navigation in and upon the said river for their ships, vessels, barges, lighters and boats ; and plaintiffs were also accustomed to have, and ought to have had, and of right ta have, for the due occupation and enjoyment of the said messuage and premises, with the appurtenances, by their said tenant, and for the benefit [992] and advantage of the said messuage and premises, the full and free use and navigation of that part of the said river which is near to the said messuage and premises, and free and open passage for all persons, in boats, barges and other vessels, to approach and pass to the said messuage and premises from and out of the said river, and also to depart and pass from the said messuage and premises to and into the said river, and to load and unload their boats, barges and other vessels at and upon the said messuage and premises, without the hindrance or obstruction of any person or persons whatsoever: yet defendant, well knowing, &c., but contriving, &c. to injure and aggrieve plaintiffs in their said reversionary estate and interest of and in the said messuage and premises with the appurtenances, whilst the same were so in the possession and occupation of the said tenant as such tenant thereof to plaintiffs as aforesaid, and whilst the plaintiffs were so interested therein, to wit on 9th April 1842, and on divers other days, &c., wrongfully, &c., and without the leave, &c. of plaintiffs, placed and fixed, in and upon the said river Thames, and in and upon that part thereof which is near to the said messuage and premises, divers barges, planks, rafters, timbers, chains, cables, irons, ropes and other materials, and wrongfully and unlawfully kept and continued the same so there placed and fixed, for a long space of time, to wit thence hitherto; and thereby during all that time defendant wrongfully and unlawfully hindered and obstructed the use and navigation of that part of the river which is near to the said messuage and premises as aforesaid, and hindered and prevented the passage of divers persons desirous of passing to the said messuage and premises from and out of the said [993] river, and to and into the said river from the said messuage and premises; and also thereby hindered and prevented the loading and unloading of divers boats, &c., at and upon...
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