Ladd v. Granite State Brick Co.
Supreme Court of New Hampshire
Bill in Equity, filed March 26, 1892, praying for an injunction against the manufacture of bricks near the plaintiff’s dwelling. Facts found by the court. In 1890, the defendants began the manufacture of bricks on their land about seventy rods from the plaintiff’s house. On a few acres of the plaintiff’s land, between her house and the brick-kilns, there is a natural growth of hard pine and a small percentage of white pine.
Read the full summary
Bill in Equity, filed March 26, 1892, praying for an injunction against the manufacture of bricks near the plaintiff’s dwelling. Facts found by the court. In 1890, the defendants began the manufacture of bricks on their land about seventy rods from the plaintiff’s house. On a few acres of the plaintiff’s land, between her house and the brick-kilns, there is a natural growth of hard pine and a small percentage of white pine. At times during the burning of brick, smoke or vapor from the kilns is carried by the wind to the plaintiff’s house, causing a perceptible odor that is offensive and…
1Opinion of the CourtCarpenter, J.
“ The maxim, Sic utere tuo ut alienum non laidas,” says Brie, J., in Bonomi v. Backhouse, E. B. & E. 622, 643, “ is mere verbiage. A party may damage the property of another where the law permits, and he may not where the law prohibits; so that the maxim can never be applied till the law is ascertained, and when it is the maxim is superfluous.” The same may be said of the correlative maxim, Qui jure suo utitur neminem laedit. To the proper application of either, a prior determination of the legal rights of the parties in their relation to each other is essential. Equal rights are often in…
2Cases cited6 opinions
- Connecticut River Lumber Co. v. Olcott Falls Co.Supreme Court of New Hampshire · 1889
- Rindge v. SargentSupreme Court of New Hampshire · 1886
- Jones v. Proprietors of the Portsmouth AqueductSupreme Court of New Hampshire · 1883
- Garland v. TowneSupreme Court of New Hampshire · 1874
- McIntire v. PlaistedSupreme Court of New Hampshire · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Venuto v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1971
- Mesiti v. Microdot, Inc.District Court, D. New Hampshire · 1990
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Robie v. LillisSupreme Court of New Hampshire · 1972
- Page v. BrooksSupreme Court of New Hampshire · 1918
6 more not listed; retrieve them via the Exa API.