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" Ought this inconvenience to be considered in fact as more than fanciful, more than one of mere delicacy or fastidiousness, as an inconvenience materially interfering with the ordinary comfort, physically, of human existence, not merely according to elegant... "
Reports of Cases Decided in the High Court of Chancery: In 1850 [and 1852 ... - Page 157
by Great Britain. Court of Chancery - 1851
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Sourcebook on Tort Law 2/e

Graham Stephenson - 2000 - 686 lehte
...I find to be the fact, more than fanciful, more than one of mere delicacy or fastidiousness. It is an inconvenience materially interfering with the ordinary...physically of human existence, not merely according to the elegant or dainty modes of living, but according to plain and sober and simple notions among ordinary...
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Environmental Law for The Built Environment

Jack Rostron - 2001 - 425 lehte
...conceive, be thus put: ought this inconvenience to be considered in fact as more than fanciful, more than one of mere delicacy, or fastidiousness, as an inconvenience...physically of human existence, not merely according to plain and sober and simple notions among the English people [Walter v Sdfe [1851] 20 LJ Ch 189]? Whether...
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Wolf and Stanley on Environmental Law

Susan Wolf, Neil Stanley - 2003 - 571 lehte
...interference must be substantial. In Walter v Selfe (1851), the test was said to be whether there was 'an inconvenience materially interfering with the...physically of human existence, not merely according to plain and sober and simple notions amongst the English people'. With regard to noise nuisances, it...
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Public Interest Environmental Litigation in India, Pakistan, and Bangladesh

Jona Razzaque - 2004 - 554 lehte
...In Bangladesh, the same procedural law of 1898 guides public nuisance. Section 133 defines nuisance as an 'inconvenience materially interfering with the...modes and habits of living, but according to plain and simple notions among the people'. In order to take an action under this act, the must satisfy himself...
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Tort Law

Marshall Cavendish Corporation, Routledge, Routledge Cavendish - 2006 - 156 lehte
...reference to the standards of any ordinary person who might occupy the claimant's property. It must be an 'inconvenience materially interfering with the...of human existence, not merely according to elegant and dainty modes and habits of living but n , according to plain and sober and simple notions among...
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Greener Pastures: Decentralizing the Regulation of Agricultural Pollution

Elizabeth Brubaker - 2007 - 166 lehte
...VC, in Walter v. Selfe (1851) ... to the effect that actionability will result from an interference with '... the ordinary comfort physically of human...modes and habits of living, but according to plain and sober ... notions.'51 Although the concept of reasonableness gives courts leeway, most reject the...
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The South Australian Law Reports: Report of Cases Determined in the Supreme ...

South Australia. Supreme Court - 1916 - 318 lehte
...persons which materially interfere TH l " with the ordinary comfort of human existence, not MURRAY merely according to elegant or dainty modes and habits...but according to plain, sober, and simple notions obtaining among reasonable English people (Walter v. Selfe, (1851), 4 De.G. & Sm. 315: Fleming v. Hislop,...
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Hearings, Reports and Prints of the Senate Committee on Public Works

United States. Congress. Senate. Committee on Public Works - 1472 lehte
...inconvenience must be something more than mere fancy, mere delicacy, or fastidiousness ; it must be an inconvenience materially interfering with the ordinary...of human existence, not merely according to elegant and dainty modes and habits of living, but according to plain, sober, and simple notions." Ifi. Tlif...
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The Northeastern Reporter, 38. köide

1895 - 1164 lehte
...the second paragraph of the complaint, in support of then- contention. That rule is that "it must be an inconvenience materially interfering with the ordinary...physically, of human existence, not merely according to the elegant and dainty modes and habits of living, but according to the plain, sober, and simple notions...
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Journal of the Royal Sanitary Institute, 36. köide

Royal Sanitary Institute (Great Britain) - 1916 - 688 lehte
...sewage works which materially interferes with the ordinary physical comfort of human existence, judged not merely according to elegant or dainty modes and habits of living, but according to the plain and sober notions among English people, is a nuisance, and will he restrained by injunction."...
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