Cunningham v. Wilmington Ice Manufacturing Co.

Rodney, J.,

charging the jury:

A nuisance is generally defined to be anything from which results harm, inconvenience or damage, or which materially interferes with the enjoyment of rights or property. That which affects the rights of the citizen as a member of the community, *231rights which belong to all of us as citizens of our respective communities, is a public nuisance; while something which interferes with the rights or causes annoyance or damage to the property of a particular person is a private nuisance.

Every action for a nuisance is based on the wrongful act of the defendant in creating…