Bamford v. Turnley
England Court of Exchequer Chamber
122 Eng. Rep. 27 (1862)
Relevant factsFree
Turnley (defendant) operated brick kilns on his land, positioned as far from Bamford's (plaintiff) land as possible, but the smoke and fumes still drifted onto Bamford's land and disrupted his use and enjoyment of it. Bamford sued Turnley for nuisance; Turnley argued the kilns were necessary to his use of the land and benefited the public. The trial court ruled for Turnley, finding the kiln location and use reasonable.
IssueFree
Whether a defendant who creates a nuisance that benefits the public must still compensate the plaintiff harmed by it.