not within ſeven miles of the old one it is no nuſance: for it is held reaſonable that every man ſhould have a market within one third of a day’s journey from his own home; that, the day being divided into three parts, he may ſpend one part in going, another in returning, and the third in tranſacting his neceſſary buſineſs there. If ſuch market or fair be on the ſame day with mine, it is prima facie a nuſance to mine, and there needs no proof of it, but the law will intend it to be ſo: but if it be on any other day, it may be a nuſance; though whether it is ſo or not, cannot be intended or preſumed, but I muſt make proof of it to the jury. If a ferry is erected on a river, ſo near another antient ferry as to draw away it’s cuſtom, it is a nuſance to the owner of the old one. For where there is a ferry by preſcription, the owner is bound to keep it always in repair and readineſs, for the eaſe of all the king’s ſubjects; otherwiſe he may be grievouſly amerced[1]: it would be therefore extremely hard, if a new ferry were ſuffered to ſhare his profits, which does not alſo ſhare his burthen. But, where the reaſon ceaſes, the law alſo ceaſes with it: therefore it is no nuſance to erect a mill ſo near mine, as to draw away the cuſtom, unleſs the miller alſo intercepts the water. Neither is it a nuſance to ſet up any trade, or a ſchool, in neighbourhood or rivalſhip with another: for by ſuch emulation the public are like to be gainers; and, if the new mill or ſchool occaſion a damage to the old one, it is damnum abſque injuria[2].
II. Let us next attend to the remedies, which the law has given for this injury of nuſance. And here I muſt premiſe that the law gives no private remedy for any thing but a private wrong. Therefore no action lies for a public or common nuſance, but an indictment only: becauſe the damage being common to all the king’s ſubjects, no one can aſſign his particular proportion of it; or, if he could, it would be extremely hard, if every ſubject in the kingdom were allowed to harraſs the offender with ſeparate actions. For this reaſon, no perſon, natural
