Cases - Thompson v Gibson

Record details

Name

Thompson v Gibson

Date

(1841)

Keywords

Easements - rights of light

Summary

A building had been built, under the superintendence of the defendants, on land that belonged to the corporation of Kendal but upon which a market was lawfully entitled to be held, the plaintiff being the owner of the market. The plaintiff brought an action in nuisance against the defendants, claiming an interference with his rights. On behalf of the defendants it was contended that they were not responsible for the continuance of the nuisance as they were distinct persons from the corporation, and while guilty of erecting the building, they could not be considered to have continued the nuisance as they were not in possession of the land upon which the building was built, and moreover that it would be wrong to make them liable as they could do nothing now to remove the building. The court held that they could be liable for the continuing nuisance.

In addition to the party causing the nuisance, anyone who authorises or continues the nuisance may be liable for the nuisance.