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Both public and private nuisance exist and remain distinct from one another.
As (once the facts were proved) (39) the decision that the confectioner was causing a nuisance was reached instantly, Sturges v Bridgman as argued is barely a nuisance case at all, though we shall see it does involve, and has come to be authority for, an important implication of the basic principle of the positive law of private nuisance.
60) Third, the court found that "[r]esidue from a product drifting across property lines presents a typical nuisance claim," and Aventis could be found liable for private nuisance if it was proven that they "substantially contributed" to the alleged nuisance.
do no more than duplicate the result that could have been achieved in the courts--by adjacent landowners (or other uniquely affected persons) under the State's law of private nuisance, or by the State under its complementary power to abate nuisances that affect the public generally, or otherwise.
68) Winfield and Jolowicz, supra note 36 at 643, citing R v Rimmington, [2005] UKHL 63 (rejecting the notion that individual private nuisances can add up to a public nuisance).
The law of private nuisance is very largely a series of adjustments to limit the reciprocal rights and privileges of both.
This common law notion of neighbourhood is significantly larger and more disparate than that addressed by private nuisance in either the common or civil law.
Although the original remedy available to the successful plaintiff bringing a nuisance action was a criminal writ granting civil relief, the modern common law action of private nuisance developed from this historical understanding into the civil tort we recognize today.
116) In contrast to private nuisance, where the reasonableness inquiry calls for a weighing of the gravity of the harm to the plaintiff against the utility of the defendant's conduct, (117) public nuisance involves no such balancing of the utilities.
A similar suit filed the same day in the same court added a private nuisance claim.
Priscilla Southwell: Plaintiff alleges private nuisance, public nuisance.

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