windows, is a nuſance of a ſimilar nature[1]. But in this latter caſe it is neceſſary that the windows be antient, that is, have ſubſiſted there time out of mind; otherwiſe there is no injury done. For he hath as much right to build a new edifice upon his ground, as I have upon mine: ſince every man may do what he pleaſes upon the upright or perpendicular of his own ſoil; and it was my folly to build ſo near another’s ground[2]. Alſo, if a perſon keeps his hogs, or other noiſome animals, ſo near the houſe of another, that the ſtench of them incommodes him and makes the air unwholſome, this is an injurious nuſance, as it tends to deprive him of the uſe and benefit of his houſe[3]. A like injury is, if one’s neighbour ſets up and exerciſes any offenſive trade; as a tanner’s, a tallowchandler’s, or the like: for though theſe are lawful and neceſſary trades, yet they ſhould be exerciſed in remote places; for the rule is, “ſic utere tuo, ut alienum non laedas:” this therefore is an actionable nuſance[4]. So that the nuſances which affect a man’s dwelling may be reduced to theſe three: 1. Overhanging it, which is alſo a ſpecies of treſpaſs, for cujus eſt ſolum ejus eſt uſque ad coelum: 2. Stopping antient lights: and, 3. Corrupting the air with noiſome ſmells: for light and air are two indiſpenſable requiſites to every dwelling. But depriving one of a mere matter of pleaſure, as of a fine proſpect, by building a wall, or the like; this, as it abridges nothing really convenient or neceſſary, is no injury to the ſufferer, and is therefore not an actionable nuſance[5].
As to nuſances to one’s lands: if one erects a ſmelting houſe for lead ſo near the land of another, that the vapor and ſmoke kills his corn and graſs, and damages his cattle therein, this is held to be a nuſance[6]. And by conſequence it follows, that if one does any other act, in itſelf lawful, which yet being done in that place neceſſarily tends to the damage of another’s property, it is a nuſance: for it is incumbent on him to find ſome other
