Sturges v Bridgman

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Sturges v. Bridgman (1879) L.R. 11 Ch. D. 852 is a landmark case in nuisance. It ruled that it is no defence to "come to the nuisance."

[edit] Facts

A doctor moved nextdoor to a confectioner, who had produced sweets for sale in his kitchen for many years. The doctor constructed a small shed for the purpose of private practice. He built the shed on the boundary. However, the loud noises from the confectioners industrial mortars and pestle could be clearly heard, disrupting his use and enjoyment of his land. He sought an injunction.

[edit] Ruling

The Courts ruled that the fact the doctor had "come to the nuisance", by which the Judge meant moved to an area where the nuisance had been operating for years without harming anyone, was no defence. The doctor's legal right to have the nuisance stopped was not lessened by the confectioner's longstanding practice.