Новости Электронная библиотека Поиск Статьи Контакты

. ID : 6016

Treatise on the law governing nuisances : with particular reference to its application to modern conditions and covering the entire law relating to public and private nuisances, including statutory and municipal powers and remedies, legal and equitable
()Joyce, Joseph A. (Joseph Asbury) Joyce, Howard C. (Howard Clifford)
Гражданское право
Albany, N.Y
M. Bender & Co.
1906
982
1
Так
CHAPTER I.
Definitions.
Section 1. Precise, technical definition of nuisance impracticable.
2. General definition — Nuisance.
3. Blackstone's general definition. — Nuisance.
4. Statutory or code definitions. — Nuisance.
5. Public or common nuisance defined.
6. Hawkins' and Blackstone's definitions. — Public nuisance.
7. Statutory or code definitions. — Public nuisance.
8. Private nuisance defined.
9. Blackstone's definition. — Private nuisance.
10. Statutory or code definitions. — Private nuisance.
11. Nuisance defined with relation to the maxim sic utere, etc.
12. Nuisance per se defined.
CHAPTER II.
Classification, Nature and Character.
Section 13. Difficult to determine whether nuisance is public or private may
be both.
14. Extent of difference between public and private nuisances.
15. Two kinds of public nuisances.
16. General classification and distinction with relation to nuisances
per se.
17. Nuisance distinguished from trespass.
18. Distinction between negligence and nuisance.
19. Nuisance a question of degree — Difficult to define amount of an-
noyance.
20. Injury must not be fanciful or imaginative.
21. Trifling inconvenience or discomfort.
22. Substantial, tangible, material and appreciable injury.
23. Acts of several persons may constitute a nuisance.
24. General nature and character of nuisance as affecting remedy or
relief.

Table of Contents.
CHAPTER III.
Essentials — Fundamental and General Principles.
SECTION 25. Fundamental governing principles generally.
26. Property rights generally — Luxuries — Delicate nature of prop-
erty.
27. Sic utere tuo ut alienum non laedas.
28. Sic utere, etc., continued — Control of use of property.
29. Sic utere, etc., Maxim to be applied with caution.
30. Natural right to use of property and right to artificial use.
31. Right to reasonably improve property.
32. Damnus absque injuria.
33. Lawful or unauthorized, reasonable or unreasonable use of
property.
34. Lawful or unauthorized, reasonable or unreasonable use of
property. — Continued.
35. Lawful or unauthorized, reasonable or unreasonable use of
property. — Conclusion.
36. Easements of light and air — Prospect — General doctrine.
37. Doctrine of easements of light and air applied to nuisances —
Easements of view.
38. Rights to pure and fresh air.
39. Extent and character of injury and damage — Generally.
40. Impairment of, or diminution in value of property.
41. Depreciation in or diminished rental value.
42. No distinction of classes.
43. Rule that motive or intent unimportant and exceptions to or
qualifications thereof.
44. Negligence — Care, reasonable care or precaution, or want thereof.
45. Contributory negligence — Prevention of injury or damage by
plaintiff.
46. Same subject continued — Qualifications and exceptions.
47. Contributory negligence — Maintenance of another nuisance —
Other or additional damage of same character by one's own
acts.
48. Neglect to abate nuisance — Omission of duty.
49. Effect of locating near existing nuisance.

VI

Table of Contents.
CHAPTER IV.
Prescriptive Right.
Section 50. No prescriptive right as to public nuisances.
51. Same subject. — Reasons underlying rule.
52. Nuisance in highway.
53. Pollution of streams.
54. Trade or occupation not a nuisance originally. — Effect of de-
velopment of locality.
55. Prescriptive right to maintain private nuisance.
56. Essential elements of right by prescription.
57. Same subject. — Application of rule.
58. Delay as evidence of acquiescence.
CHAPTER V.
Purprestures.
SECTION 59. Purprestures. — Generally.
60. Purpresture distinguished from nuisance.
61. Streets, highways, parks, etc.
62. Rights of riparian owners. — Rule at common law.
63. Title to land under navigable waters in State.
64. Rights of riparian owner generally. — Matter for State to de-
termine.
65. Right of riparian owner to build wharf, etc.
66. Abatement and removal of.
CHAPTER VI.
Legalized and Statutory Nuisances
SECTION 67. Legalized nuisances. — Generally.
68. Acts authorized by legislature. — English rule.
69. Same subject. — American rule.
70. Same subject. — Application of rule.
71. Same subject. — Continued.
72. Rule of construction of such statutes.
73. Legislative authorization. — Nuisance from manner of doing act.
— Rules.
74. Same subject. — Application of rules.
75. Same subject. — Railroads.
76. Where statute permissive. — Locality not designated.
77. Mere recognition by statute of a business or occupation.
vii

Table of Contents.
SECTION 78. Acts authorized by municipality.
79. Same subject. — Continued.
80. Same subject. — Limitations on power of municipality.
81. Statutory nuisances in general.
82. Constitutionality of such acts.
83. Power of legislature to declare nuisances illustrated.
84. Power of legislature to delegate authority to municipality.
CHAPTER VII.
Trade ok Business.
SECTION 85. Trade or business generally.
86. Evidence upon question of nuisance.
87. Need not endanger health.
88. Injury must be substantial.
89. Duty as to care and use of appliances.
90. Where nuisance can be avoided.
91. Where nuisance obviated after action commenced.
92. Negligence as an element.
93. Effect on persons of ordinary sensibility the test.
94. Intention does not affect.
95. Effect of locality. — Convenient place.
96. Same subject. — Continued.
97. Change in character of locality. — Coming into nuisance.
98. Change in locality from residence to business or trade.
99. Fact that business is lawful is immaterial.
100. Development of natural resources on one's land.
101. Trade a nuisance does not render building such.
102. Injunction against proposed business.
103. Injunction against erection of building for business or trade.
104. Nuisance maintained in another town where it is not com-
plained of.
105. Statute enjoining malicious erection of structure construed.
106. Bakery.
107. Blacksmith shop.
108. Blasting.
109. Bowling alleys.
110. Breweries and distilleries.
111. Brick, lime and lumber kilns.
112. Coke ovens.
113. Cotton gin.
114. Electric light or power plant.
viii

Table of Contents.
SBCTI0N115. Exhibitions and playhouses.
116. Fat and bone boiling establishments.
117. Ferries.
118. Fertilizer factories.
119. Foundries.
120. Gas works.
121. Ice house.
122. Laundry.
123. Merry-go-round.
124. Quarries.
125. Shooting gallery.
126. Slaughter house. — Prima facie a nuisance.
127. Slaughter house. — Nuisance by location or operation.
128. Where slaughter house originally remote from habitations. —
Subsequent development of locality.
129. Slaughter house a nuisance. — Health need not be endangered.
130. Slaughter house a nuisance. — Defense to indictment for.
131. Slaughter house. — Defense to action to enjoin.
132. Smelting works.
133. Steel furnaces.
134. Undertakers.
CHAPTER VIII.
Smoke, Fumes and Gases.
SECTION 135. Smoke as a nuisance. — Generally.
136. Right of individual to pure air.
137. Elements essential to render smoke a nuisance.
138. Need not be injurious to health.
139. Need be no special damage or pecuniary loss.
140. Locality as an element f o be considered.
141. No distinction made as to classes of persons.
142. That others contribute to nuisance no defense.
143. What constitutes a nuisance by emitting smoke. — Particular
instances.
144. Same subject. — Blacksmith's shop.
145. Same subject. — Brick and lime kilns.
146. When party not entitled to relief.
147. Where business legalized.
148. Action for removal of smokestack.
149. Constitutionality of legislative act making smoke a nuisance.
150. Power of municipality to regulate emission of smoke.
ix

Table of Contents.
SECTION 151. Same subject. — Words "dense smoke" construed.
152. Ordinance limiting emission of smoke from a chimney to " three
minutes in any hour " construed.
153. Ordinance regulating smoke from tug-boats. — Not violation of
commerce clause of constitution.
154. Municipal ordinances as to smoking in street cars.
155. Sufficiency of notice to abate. — English public health act.
156. Damages recoverable.
CHAPTER IX.
Noisome Smells.
Section 157. Noisome smells as a nuisance.
158. When smells constitute a nuisance. — Instances.
159. When not a public nuisance. — Private road. — Highway.
160. Causing smells to arise from another's land.
161. Though business lawful smell a nuisance.
162. Injury must be real.
163. Effect upon persons of ordinary health and sensitiveness the
test.
164. That others contribute to injury no defense.
165. Effect of locality.
166. May be nuisance though not injurious to health.
167. Question of reasonable care immaterial.
168. Though smells a public nuisance individual may sue.
169. Liability of municipal corporation.
170. Measure of damages.
171. Act authorizing board of health to abate public nuisances con-
strued.
172. Injunction order. — How construed.
173. Where evidence conflicting. — In case of appeal.
CHAPTER X.
Noises, Jars and Vibrations.
Section 174. Noise as a nuisance. — Generally.
175. Noises at unreasonable hours.
176. Particular noises as a nuisance.
177. Noise disturbing religious services. — Action by individuals.
178. Same subject. — In action by religious corporation or society.
179. Ringing of bells.
180. Steam whistles.

Table of Contents.
Section 181. Anticipated nuisance.— Erection of building.
182. Noise must produce substantial injury.
183. The test is the effect upon ordinary persons.
184. Effect of locality.
185. Where business legalized.
186. Same subject. — Location not designated.
187. Where nuisance can be avoided.
188. Jars and vibrations.
189. Distinction between nuisance affecting air and those affecting
land or structures.
190. Jar and vibrations.— Defendant may show injury due to other
causes.
191. Damages recoverable.
CHAPTER XI.
Animals and Animal Enclosures.
Section 192. Vicious animals.
193. Diseased animals.
194. Animals at large on highway.
195. Dog a nuisance by his barking.
196. Use of animals shocking sense of decency.
197. Ordinance as to animals.
198. Dead animals. — Ordinance as to.
199. Dead animal on railroad right of way.— Contributory negli-
gence.
200. Livery stable not a nuisance per se.
201. Livery stable.— Nuisance from manner of construction and con-
ducting.
202. That stable properly built or kept no defense.
203. That location of stable is desirable or convenient is no defense.
204. Private stable or barn.
205. Proceeding to enjoin erection of stable.
206. Proceeding to enjoin proposed use of building as stable.
207. Evidence on the question of nuisance. — Stables.
208. Cattle pens, yards and piggeries.
209. Stock yards and cattle cars.
210. Construction and maintenance of stables or cattle enclosures as
affected by ordinance.
211. Damages recoverable. — Cattle enclosures.

XI

Table of Contents.
CHAPTER XII.
Nuisances Affecting Highways.
Section 212. Highways in general.
213. Public property, squares and lands.
214. Encroachments and nuisance on highways in general.
215. Words "Permanent Obstruction" construed.
216. Highway not completed or not lawfully established or differing
from plans.
217. Liability of individual creating nuisance in highway.
218. Eight of individual to maintain action. — Special injury neces-
sary.
219. Same subject. — Continued.
220. When special injury exists. — Particular instances.
221. Same subject. — Continued.
222. Injury to access or egress.
223. Loading and unloading goods.
224. Same subject. — Fact that business lawful or use necessary may
be immaterial.
225. Same subject. — Application of rules.
226. Skids or platforms for loading or unloading merchandise.
227. Exposure of wares for sale. — Storing goods in highway. — Show
cases.
228. Market places.
229. Deposit of building materials and earth in street.
230. Excavations. — Generally.
231. Vaults and excavations under sidewalks. — Coal holes, openings,
etc.
232. Same subject. — Effect of license.
233. Building encroaching on highway.
234. Building encroaching on highway. — Special injury to individual.
235. Building encroaching on highway. — Right to temporary and
mandatory injunction.
236. Structure obstructing light and air. — Right of adjoining owner.
237. Overhanging eaves, pipe conductors, etc.
238. Building liable to fall into highway.
239. Fences encroaching on highway.
240. Fences encroaching on highway. — Action by individual.
241. Statutory penalty for encroachments or obstructions. — Fences.
242. Use of highway by railroad. — When legalized.
243. Same subject. — Duty in construction of railroad.

Xll

Table of Contexts.
SECTION 244. Construction of Mew York city subway.— Acts authorizing use
of streets construed.
245. Railroads in parks.
246. Unauthorized construction of railroad in streets.
247. Side tracks and switches.
248. Cars standing at crossings or on streets.
249. Using street for terminal purposes of railroad.— Switching cara,
etc.
250. Railroad abutments and bridges.
251. Accumulations of snow cleared from street railway tracks.—
Use of salt.
252. Trees in highway as a nuisance.— Right of municipality to re-
move.
253. Same subject. — Continued.
254. Flag poles.
255. Objects frightening horses.
256. Same subject. — Qualifications of rule.
257. Toll gates.
258. Other particular obstructions, acts or things as nuisances.
259. Damages recoverable.
260. Power of municipality to authorize obstructions or nuisances.
261. Same subject. — Application of rules.
262. Municipal authority to declare thing in highway nuisances.
263. Same subject. — Continued.
264. Municipal liability.
CHAPTER XIII.
Waters.
Section 265. Riparian rights. — Generally.
266. Riparian rights. — General rule.
267. Riparian rights. — Qualification of rule. — Reasonable use.
268. Riparian rights. — Ebb and flow of tide. — Reasonable use. —
Prior occupation.
269. Riparian rights. — Reasonable and unreasonable use. — Conveni-
ence or necessity as to locality. — Pollution of waters.
270. Riparian rights. — Qualification of rule. — Mining and irrigation
generally.
271. Riparian rights. — Artificial water course.
272. Rights as to navigable waters. — Generally.
273. Obstruction of navigable waters.— Generally.
274. Bridges.
xiii

Table of Contents.
SECTION 275. Docks, wnarves, piers and like structures.
276. Fishing and fishing nets. — Pollution or obstruction of waters.
277. Mines. — Pollution of waters. — Mining debris and deposits.
278. Taking of private property by polluting water or overflowing
land. — Condemnation.
279. Liability of municipal and quasi-municipal or public bodies gen-
erally. — Negligence. — Officers and agents.
280. Sewers. — Generally.
281. Sewers left in unfinished state.
282. Sewers negligently constructed and operated.
283. Disposal of sewage.
284. Disposal of sewage. — Municipalities, etc.
285. Same subject continued.
286. Same subject. — Application of rule.
287. Municipal liability. — Distinction between plan and construc-
tion. — Maintenance or use. — Sewage.
288. English decisions. — Public bodies generally. — Pollution of
waters. — Sewage.
289. Disposal of sewage. — Statutory authority. — When a nuisance.
290. Disposal of sewage. — Statutory authority. — When no nuisance.
291- Disposal of sewage. — Statutory authority. — English decisions.
292. Distinction between nuisances of necessity in exercise of statu-
tory powers and those from secondary causes.
293. Sewage. — Municipality acquiring land beyond its limits for
sewage system.
294. Discharging sewage beyond jurisdiction.
295. Statutory condition precedent.
296. Sewage. — Act creating nuisance absolutely necessary to execute
statutory power.
297. Pollution of waters by sewage or otherwise. — Purifying, dis-
infecting and deodorizing.
298. Same subject. — English decisions.
299. The Chicago drainage case. — Jurisdiction of federal courts. —
Controversies between States. — State and Federal law. —
Power of Congress to regulate commerce. — Nuisance of a
character not discoverable by unassisted senses.
300. Sewage. — Overtaxing capacity of sewer or of stream. — Overflow.
301. Sewage. — Liability of occupants or owners of houses in district.
302. Sewage discharged into street.
303. Pollution of waters. — Manufacturing processes.

XIV

Table of Contents.
CHAPTER XIV.
Waters — Continued.
Section 304. Polluting water supply of city.
305. Ponds, pools, stagnant waters.
306. Drains, ditches, channels, canals, etc.— Diversion of water.—
Pollution. — Damages.
307. Same subject continued.
308. Legislature may act through own agencies.— Creation of sewer-
age district.— Independent source of pollution.— When nui-
sance does and does not exist.
309. Expert or scientific evidence as to pollution and effect thereof.
310. Character of odors, proportion and effect of discharge.— Degree,
nature and character of pollution generally.
311. Pollution of waters. — General decisions.
312. Diversion or obstruction of waters. — Generally.
313. Overflowing, flooding or casting water upon land. — Generally.
314. Percolations. — Subterranean waters.
315. Surface waters.
316. Surface waters. — Instances.
317. Artificial erections.— Embankments, etc.— Railroad erections.
318. Mills, mill races and streams, mill-sites and mill owners.— Re-
building mills.
319. Dams.
320. Dams continued.
321. Dams continued. — Back water.
322. Dams continued. — Overflow, flooding.
323. Dams continued.— Overflow and flooding.— Evidence.
324. Increasing height of dam.— Whether flash-boards part of dam.
325. Construction of dam by municipality.
326. Dams. — Navigable waters.
327. Restoration of dams. — Parol license.
328. Prescription.
329. Damages.
CHAPTER XV.
Municipal Powers and Liabilities.
SECTION 330. Municipal powers generally.
331. Boards of health.
332. Power of municipality to declare things nuisances.
333. Same subject continued.
XT

Table of Contents.
Section 334. Same subject. — Where there is a doubt whether a thing is a
nuisance.
335. Ordinance must not discriminate. — Must be uniform in opera-
tion.
336. Same subject. — Where ordinance prohibits unless permission
obtained.
337. Same subject. — Ordinance requiring permit for processions —
Parades, ?
338. Municipal power to declare a cemetery a nuisance.
339. Validity of particular ordinances.
340. Same subject continued.
341. Power of municipality as to erection of structures. — Authoriza-
tion by legislature.
342. Powers as to structures or erection of or establishment of fire
limits. — Want of legislative authorization.
343. Same subject. — Continued.
344. Same subject. — Conclusion.
345. Municipal powers to summarily abate. — Generally.
346. Limitations on power to summarily abate or remove.
347. Municipal authorities proceed at their peril in summary abate-
ment of nuisance.
348. Particular instances of power of municipality to abate nuisances.
349. Right of municipality to destroy building.
350. Same subject. — Where nuisance consists in use of building only.
351. Same subject. — Right of owner of building to injunction.
352. Property destroyed as a nuisance. — Owner no right to compen-
sation.
353. Municipal liability for nuisances. — Generally.
354. Same subject. — Distinction betwen powers ministerial and legis-
lative.
355. Municipal liability. — Public works. — Particular instances.
356. Same subject. — Continued.
357. Liability of municipality where it fails to remove or abate
nuisance.
358. Same subject. — Continued.

XVI

Table of Contents.
CHAPTER XVI.
Remedies — Nature and Form of Remedy.
SECTION 359. Nature and form of remedy generally.
360. Nature and form of remedy continued. — Ancient or common-
law remedies.
361. Nature and form of remedy continued. — Debt, nuisance, eject-
ment, case, trespass.
362. Nature and form of remedy continued. — Statutes.
363. Nature and form of remedy continued. — Law and equity.
364. Nature and form of remedy continued. — Effect of prayer for
relief. — Election of remedy.
365. Remedy by indictment and in equity. — Statutes.
366. Same subject continued.
367. Same subject continued.
CHAPTER XVII.
Remedies Continued — Right to Abate.
Section 368. Eight to abate public nuisances generally.
369. Same subject. — Qualifications of right.
370. Same subject. — Necessity of special injury to individual.
371. Instances of right to summarily abate by individual.
372. Abatement by municipality.
373. Nuisances on public lands. — Power of Congress to order abate-
ment.
374. Right of individual to summarily abate private nuisances.
375. Same subject. — When right may be exercised.
376. Limitations on right to abate.
377. Same subject continued. — Buildings and structures.
378. Same subject continued. — Other instances.
379. Right to summarily abate as affected by statute.
380. Right not affected by constitutional provisions for protection
of property.
381. Cost of abating nuisance.

XV11

Table of Contents.
CHAPTER XVIII.
Remedies Continued — Subject Matter of Remedy.
Section 3S2. Dangerous nuisances generally.
383. Same subject. — Negligence.
384. Dangerous nuisances continued. — Gunpowder, dynamite and
other explosives.
385. Same subject. — Rules continued. — Instances.
386. Same subject continued.
387. Dangerous nuisances continued. — Petrol«um, gasoline, naphtha,
crude oils, etc.
388. Same subject continued.
389. Dangerous nuisances continued. — Spring guns.
390. Baseball.— Ball park.
391. Bawdy house or house of ill-repute.
392. Bees.
393. Cemeteries, burial grounds.
394. Cooking and cooking ranges.
395. Gambling house.
396. Deposits on land. — Garbage, ashes, offensive, etc., matter.
397. Hospitals, pest-houses, infectious and contagious diseases.
398. Steam engines and boilers.
399. Liquor nuisance. — Civil and criminal action or remedies.
400. Same subject.
401. Same subject.
402. Common scold.
403. Fences and structures generally.
404. Same subject continued.
405. Water closets, privies, vaults and outhouses.
406. Same subject continued.
407. Dams. — Civil and criminal remedies.
408. Private way, right of way.
409. Other special instances of what is subject matter of remedy.
410. Same subject continued.
411. Other special instances of what is not subject matter of remedy >
412. Same subject continued.
413. Other special instances of when and for what indictment lies.
414. Same subject continued.

XVlli

Table of Contents.
CHAPTER XIX.
Remedies Continued — Parties, Defenses and Damages.
SUBDIVISION I.
Essentials of Jurisdiction and Remedy.
SECTION 415. Essentials of equitable jurisdiction, remedy or relief.
416. Same subject. — Rulings and instances.
417. Whether establishment at law of right a prerequisite to equi-
table relief.
418. Same subject. — Early rulings and instances.
419. Prospective or threatened nuisance. — Apprehended injury.
420. Same subject. — Other statements or forms of rule.
SUBDIVISION II.
Parties Entitled to Remedy — Liability.
SECTION 421. Who entitled to remedy. — Against whom remedy lies. — Prelimi-
nary statement.
422. Private person suffering special injury may sue. — Public nui-
sance.
423. Same subject. — Other statements of rule. — Cause and effect.
424. Private injury. — Public nuisance. — Review of decisions. — In-
stances.
425. Same subject.
426. Same subject.
427. Same subject. — Wesson v. Washburn.
428. Private action. — Public nuisance. — Others similarly affected.
429. Special private injury must be shown. — Pleading.
430. What essentials must exist to sustain private action. — Public
nuisance.
431. Private action. — Public nuisance. — Sewage.
432. Private action. — Public nuisance. — Highways.
433. Private action. — Public nuisance. — Navigable waters.
434. Private action. — Public nuisance. — Bridges.
435. Private action. — Public nuisance. — Wooden walls or buildings.
436. Private action. — Public nuisance. — Other instances.
437. State or public entitled to remedy. — Attorney-General or other
prosecuting officer.
438. Same subject.
xix

Table of Contents.
Section 439. Municipal and quasi-municipal corporations entitled to remedy.
— English local authorities.
440. Boards of health entitled to remedy. — Sanitary inspector.
441. Aqueduct board entitled to remedy.
442. Corporations entitled to remedy.
443. Land owner entitled to remedy. — Landlord. — Mortgagor. — Ri-
parian owners. — Joinder.
444. Parties entitled to remedy. — Necessity of interest in land. —
Parties in possession.
445. Lessee or tenant entitled to remedy. — Joinder.
446. Other parties generally entitled to remedy. — Joinder.
447. Person creating nuisance liable. — General rule.
448. Liability of municipal and quasi-municipal corporations.
449. Liability of officers of municipal, etc., corporations.
450. Liability of private corporations.
451. Same subject. — Opinions of text-writers.
452. Liability of offiers of corporations.
453. Liability of owner generally. — Instances.
454. Liability of erector of nuisance and subsequent holders by pur-
chase or descent. — Continuance of nuisance.
455. Same subject. — Notice or request to abate. — Creator or main-
tainor of nuisance.
456. Notice or request to abate, continued. — Grantee, etc., of erector
of nuisance.
457. Notice or request to abate, continued.
458. Same subject.
459. Liability for continuing nuisance. — Statute of limitations. —
Rulings and instances.
460. Same subject.
461. Liability. — Landlord and tenant. — Distinction to be observed.
462. When owner or landlord liable to third persons! — Rules and
instances.
463. Same subject. — Defective, dangerous, etc., condition of premises.
464. Lessor of structure or building for public entertainment liable.
465. Liability of lessee who sublets.
466. When owner or landlord not liable to third persons — Rule3 and
instances.
467. Liability of landlord to tenant.
468. Liability of tenant.
469. Liability where term of lease is nine hundred and ninety-nine
years.
470. Liability. — Landlord and tenant. — Obligation to repair.
XX

Table of Contents.
Section 471. Same subject. — Instances.
472. Whether owner, occupant, contractor or sub-contractor liable.
473. Immoral, illegal and unlawful use of property. — Who liable.
474. Liability of persons jointly and severally contributing.
475. Other persons who are and are not liable. — Instances.

SUBDIVISION III.
Defenses.
Section 476. Proximate cause. — Acts of third parties. — Other sources or
causes. — Others contributing.
477. Pollution of waters from other sources.
478. Other or similar nuisances. — Similar acts by others.
479. Where plaintiff contributes to or maintains similar nuisances.
480. Pollution of water by plaintiff.
481. Negligence. — Contributory negligence. — Due care.
482. That water potable by cattle and inhabitable by fish no excuse
for pollution.
483. Benefit to public balancing conveniences.
484. Same subject.
485. Acquiescence, knowledge or failure to complain. — Laches. — Es-
toppel.
486. Other instances of defenses generally.
487. Same subject.

SUBDIVISION IV.
Damages.
Section 488. Damages generally.
489. Permanent injury. — Depreciation in value. — Rule. — Instances.
490. Usable value. — Diminished rental value.
491. Usable or rental value continued. — Decisions.
492. Usable value — Rule in Bly case.
493. Equity. — Jury trial. — Discontinuance of nuisance pendente lite.
— Rental value. — Landlord and tenant. — Rule in Miller case.
494. Damages up to commencement of suit.
495. Recovery of entire damages in one action.
496. Same subject. — Other statements of rule. — Instances.
497. Direct and consequential injury.
XX i

Table of Contents.
Section 498. Nominal damages.
499. Negligence. — Actual damages.
500. Duty to lessen damages.
501. Actual damages. — Additional damages.
502. Life tenant. — Rental value. — Additional damages.
503. Punitive damages.
504. Damages. — Pleading. — General decisions.
505. Waiver of irregularities in taking land by accepting damages.
Спонсоры проекта