As an English court found in 1705, if the wastes from a person's privy percolate through his wall and into his neighbor's cellar, for example, common law will require the polluter to cease and repair the nuisance, because he is "bound of common right to keep his wall so as his filth might not
damnify his neighbor." Similarly, one might suppose that factories are likewise bound by common right to maintain their walls, scrubbers, filters, liners, drums, or stacks so that their emissions and effluents do not
damnify their neighbors.