Walter v Selfe

4DEG.&SM. 315. WALTER: V. gELFE 849 [315] walterv.selfe. March 24, 25, April 16, 1851. [S. 0. 2.0 L. J. Ch. 433; 15 Jar. 416. See. Gnwrap v. Lambert, 1867, L. E. 3 Eq. 412 ; £0sMZ v. WhUworth, 1871, 19 W. E. 805; Goose v. Bedford, 1873, 21 W. E. 449; Fleming v. Hislop,1886, 11 App. Cas. 691; Tod-Heatly v. Benham, 1888, 40 Ch. D. 85; Reinhardt v. Mentasti, 1889, 42 Ch. D. 689; Lyons v. Willdns, [1899], 1 Ch. 255; Colls v. Home and Colonial Stares, Limited [1904], A. C. 209; Rushmer v. Polsue and Alfieri, Limited [1906], 1 Ch, 242.] . , Burning bricks on a man's own ground so as to be offensive to a neighbour, Held to be a nuisance, and restrained by injunction. This was a motion for an injunction to restrain the Defendant, his servants, workmen and agents from making or continuing, or causing to be made or continued, a clamp of bricks, or collecting cinders, breeze and other materials for the purpose of burning the same, on a strip of ground belonging to the Defendant, or so near to the Plaintiffs premises as to occasion damage or annoyance to the Plaintiffs or either of them, or of burning or causing to be burnt brack? on the Defendant's strip of ground so as to occasion damage or annoyance to the Plaintiffs or either of them, or to the " Plaintiff William Walter's tenants, or injury or damage to the messuage, coachhouse, stable, wood-house and trees, shrubberies and plantations erected [316] and growing on the Plaintiffs' premises, or to the messuages, trees and shrubs erected and growing on such parts of the said premises as were in the occupation of the Plaintiff, William Walter. The bill, which was filed on the 17th of July 1850, stated that the Plaintiff, William Walter, was seised of a piece of land .'tin Surbiton Hill, Kingston, Surrey, abutting on the north on the land of the Defendant, John Selfe; that the Plaintiff, William Walter, many years theretofore (and long before the Defendant, John Selfe, purchased his land), caused a messuage, coach-house, wood-house and other outbuildings to be built on part of the said piece of land belonging to the Plaintiff, Walter, and had laid out other parts thereof as a garden, lawn and pleasure-ground, and had planted trees and shrubs thereon, so as to be enjoyed with the messuage so erected thereon, and had from time to time expended considerable sums of money as well on the messuage and buildings as on the garden, lawn and pleasure-ground, in rendering the same habitable and fit for the residence of a respectable tenant; that the Plaintiff, William Walter, by an agreement, dated the 2d of October 1849, and made between the Plaintiff, William Walter, and the Plaintiff, Charles Pressly, agreed with the Plaintiff, Charles Pressly, to let him the messuage, coach-house, wood-house and buildings, garden and pleasure-ground for seven years from the 24th of June then next at the yearly rent of £150; and that the same premises were then by virtue of such agreement in the occupation of: Charles Pressly, and used by him for his residence; that the Defendant, John Selfe, about six years since, purchased to him and his heirs a narrow strip of ground of about one and an half acre, running from east to west, of the width sf, the east end thereof of about eighty feet, and at the west end thereof of about eighty feet; that there was on the strip of ground of the Defendant a messuage, which was towards and faced the high road, and [317] was distant therefrom 100 feet or thereabouts, and that the other parts thereof the Defendant, John Selfe, used partly as a garden attached to the same messuage, and partly {including such parts thereof as abutted on the Plaintiff's premises) as meadow land until the time thereinafter mentioned ;ò* that the Defendant was a brick and tile maker, and carried on his business of a brick and tile maker at a field containing about seven acres, about a mile distant from the said strip of ground; that the Defendant, John Selfe, used the piece or strip of ground as garden and meadow land until the end of May or beginning of June 1850, when the Defendant caused to be dug...