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Nearby with "less respectable houses" which inhabitants, undoubtedly, have preferred
To have nearby a bench with fried fish, despite an ubiquitous smell and "children
And a haze ", so picturesquely represented by the claimant. If nearby there were no others
"More suitable places", process would be more difficult, and the decision could be
Other. What would "poor men" buy to themselves on livelihood? Any English judge
Would not tell: "Let eat cakes".
Courts not always clearly enough designate the economic parties of processes, but
It is obviously possible that in oneiromancy and phrases like "reasonable" or
"The standard or usual use" is shown a certain comprehension
The economic parties of cases in point - can be, in considerable
Degrees unconscious and, it is final, implicitly expressed. A good example
Is the appeal court sentence on business of Andre against "Selfridzh it
- Ltd. "v. Selfridge and Company Ltd. (1938) 1 Ch. 1. In it
Case the hotel (on street Vigmor) occupied an islet part. Its other part
Company "it" which has taken down existing constructions, that occupied
To clear a place for building. Because of noise and a dust at a pulling down of constructions hotel
Remained without lodgers. The owner has brought an action with indemnification requirement
Damage. In court of the bottom instance to hotel have awarded indemnification at a rate of 4500 it.
After that process has passed the item in appeal court.
The judge who considered process in court of the bottom instance, has told:
"I cannot consider the first action of respondents on this ground as
Standard at usual use or possession of the earth or houses. Not
Is neither usual, nor standard in this country when people dig a hole
Depth in 60 foots, and then over this hole place a steel frame, which
Fasten rivets... I believe also that in this country is not
Usual, standard to arrive how respondents further, when have arrived
They to take down all houses which they have decided to take down, five or six, how much
I know, if no more, used pneumatic hammers ".
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