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Has reconciled to a certain reasonable inconvenience for the sake of general welfare ". [Prosser William L.,
Handbook of the Law of Torts, 2nd ed. St. Paul, Minn.: West Publishing Co.,
1955, p. 398 - 399, 412. The citation about old process with the manufacturer of candles is taken
View of the Criminal Law of England, 2nd ed. London: Macmillam AND Co., 1890, p.
106). Sir James Stefen does not result a source. Probably, he meant
Process of Reks against Ronketa who is stated at Warren A. Seavey, Keeton, and
Thurston, Cases and Materials on the Law of Torts, St. Paul, Minn.: West
Publishing Co., 1950, p. 604. About similar understanding of all of it Prosserom it is possible
To read at V. in Harper and Fleming James, Jr., The Law of Torts, 2nd
ed., Boston: Little, Brown, 1956, p. 67 - 74; Restatement, Torts: it 826, 827
The majority of English authors do not declare so Openly that follows
To compare advantage and harm at the decision on, when harmful consequences
It is necessary to consider as rest and order infringement. But similar views, though and less
Strongly expressed, meet [Sir Percy H. Winfield, Winfield on Torts, 6th
ed. by it. It Lewis, London: Sweet AND Maxwell, 1954; Salmond John W., Salmond on
the Law of Torts, 12th ed. by R. F V. Houston, London: Sweet AND Maxwell, 1957,
p. 181 - 190; Street Harry, The Law of Torts, 2nd ed., London: Butterworth,
1959, p. 221 - 229]. There is no doubt that the doctrine, according to which harm
Should become essential before business will reach court, partially reflects
That fact that harm is always counterbalanced by any benefit. From materials
Separate processes clearly that judges held possible acquisitions in mind and
Losses from decisions on compensation of a damage or satisfaction of the claim. So,
Refusing to forbid building of the new house which spoils a kind, the judge
"I do not know any general rule of a common law, which... Spoke,
That building which spoils a kind for another, is infringement of rest and
Order. If it was so, we would not have cities, and I should
Would be to forbid building of all new houses in a city ". [Attorney Genegal
v. Doughty, 2 Ves. Se. 453, 28 Eng. Rep. 290 (Ch. 1752). Cp. Thereupon
The decision of the American judge which quotes Prosser (Prosser, Law of
Torts, 413, n. 54): "Without a smoke Pittsburgh and would remain very nice
Village "; Musmanno J., in Versailles v. McKessport Coal and Coke Co.,
83 Pitts. Leg. J. 379, 385, 1935.]
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