A NOXIOUS TRADE.
It would seem that the business of a restaurant keeper may under some circumstances be regarded as a noxious trade. It has been so decided judicially in Sydney j where, in the Equity Court, John Hunter, boot dealer, alleged that goods in his shop were damaged by heat from the chimney of Lang and Phelps, restaurant keepers, and that the smell from their kitchen was objectionable. He asked that defendants be restrained from carrying on th"eir business so as to cause a nuisance fco him. Mr Justice Simpson said the defendants were in an unfortunate position. There was no suggestion that they carried on business negligently, but their business conducted in a proper way was a cause of annoyance to plaintiff, who had made out a good case. It was not sufficient for defendants to say they had carried on business in a reasonable way. The law was that a %nan must use his property in such a way as not to injure or annoy a neighbour. The injunction would be granted, with costs.
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Bibliographic details
Press, Volume LIV, Issue 9835, 18 September 1897, Page 7
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177A NOXIOUS TRADE. Press, Volume LIV, Issue 9835, 18 September 1897, Page 7
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