A chimney built so low that it causes smoke to enter a neighbor’s house is actionable nuisance

December 9, 2016

  • 279 Nuisance
  • 279I Private Nuisances
  • 279I(A) Nature of Injury, and Liability Therefor
  • 279k3 What Constitutes Nuisance in General
  • 279k3(3) Noise and pollution of atmosphere in general

12-09-16The building of a chimney so low as to cause smoke to enter the house of the builder’s neighbor, constitutes a ‘”nuisance” for which the neighbor may maintain an action.

Baltimore & P. R. Co. v. Fifth Baptist Church, 2 S.Ct. 719 (U.S.Dist.Col., 1883)