Neglect of Landowner to Cut Thistles.
It is evident that If the owner of land permits his land to become over-run with thistles, and neglects to cut them before seeding, the seeds, being blown on his neighbours' lands will be the cause of an intolerable nuisance. And yet his neighbours have no remedy at common law. This Jaw has been very recently so decided.
Certain land, which, until a few years before 1883, had been forest land, was brought under cultivation. Immediately upon its being cultivated, thsitleg sprang up m great abundance, although m its uncultivated state there were no thistles. The occupier of the land having neglected to mow down the thistles periodically, they seeded* and the seeds were blown by the wind m clouds on to his neighbour's land. The neighbour brought an action m the County Court, alleging as his cause of action, that the defendant had, by not cutting the thistles, neglected to fulfil a duty towards his neighbour, the plaintiff. He recovered damagesintheCountyCourt, The defendant appealed on the ground that there was no negligence on his parthe did not bring the thistles on his land, they grew there naturally, and therefore there was no duty incumbent on him to cut them down. The Court, consisting of Lord Coleridge, CL, and Lord Esher, M.R., m allowing the appeal, delivered their judgment, which is a masterpiece of brevity. "I never heard" said Lord Coleridge "of such an action as this; Ther can be no duty as between adjoining occupiers to cut the thistles which are the natural growth of the soil. The appeal must be allowed." Ihe Master or the Rolls was content to simply state that he was of the same opinion.—Giles v Walker, 24, Q.8.D.656.
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Neglect of Landowner to Cut Thistles., Ashburton Guardian, Volume VII, Issue 2519, 16 September 1890
Neglect of Landowner to Cut Thistles. Ashburton Guardian, Volume VII, Issue 2519, 16 September 1890
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