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Near to chimneys, much higher, than it was before, and
Have built a canopy on a roof of the house and consequently fireplaces of the claimant started to smoke,
As soon as it kindled fire.
Certainly, fireplaces have started to smoke because the built wall and a canopy disturbed
Free air circulation. On a jury to the claimant have awarded in compensation
Damage 40 it. After that consideration has passed the item in appeal court, where
The return decision was accepted. Judge Braumvel proved:
"... The jury has come to a conclusion that respondents have made something that became then
Rest and order cause of infringement, but it not the same, as though they
Were this reason. They have not made anything which were intruding upon leisure and an order.
Their house and canopy are quite harmless. He/she is the claimant intrudes upon leisure and an order, when
Kindles coal in fireplaces pipes from which leave so close to a wall
Respondents that the smoke does not dissipate, and gets to a room. Let the claimant
Will cease to burn down fire, let it will transfer a chimney pipe, let will make it
Higher, and rest and order infringements will not be. Who intrudes upon leisure and
Order? It would be absolutely clear that the claimant if it has built the house or
Pipes after respondents have erected over them a canopy, and it so, though it
Has constructed all before there was a canopy. But (that there is on true a same answer),
If respondents intrude upon leisure and an order, they have a right to it. As
The claimant had no right to the free movement of air subordinated only to the right
Respondents to arrange a canopy on the roof then its right is subordinated to their right
And, though realisation of their right calls rest and order infringement, they not
Bear for it of responsibility ".
Judge Kotton has told:
"Here it is established that erection of a wall by respondents sensitive and
Has essentially broken vital comfort in the house of the claimant, and it is told that in
This infringement respondents are guilty. Usually indeed, but respondents do not send
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