Jubb v. Maslanka

The most recent demurrer filed by the defendant, dated December 5, 1960, demurs to both the second and third counts of the complaint in so far as each purports to state a cause of action in nuisance, on the grounds that the complaint does not allege that the plaintiff was on the premises in the exercise of any public right, that the plaintiff was not injured in relation to the right which he enjoyed by reason of his ownership of an interest in the land, that the doctrine of “condition amounting to a nuisance” does not apply as between landlord and tenant, and that the liability of the…