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Home: Surnames: Kilvert Family Genealogy Forum

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Robinson -v- Kilvert(1889)
Posted by: William Kilvert (ID *****1371) Date: June 27, 2003 at 07:29:23
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In a Legal training manuel called "Staturary Nuisance - A Practical Guide", a sub section entitled "5. Unusual Sensitivity - The Eggshell Rule", it states:-

If a plaintiff is particularly sensitive to a type of nuisence, it is not actionable unless one can show that the nuisence would have affected a "reasonable" person.

The courts view is that a person should be able to increase his neighbors liabilities because they carry out special activities on their premisies.

Robinson -v- Kilvert(1889) 41 ch.D.88....D let out part of a building to P. for use as a paper warehouse. D. kept part of the building for the purpose which required that the air had to be kept hot. The heat damaged P's. paper. The paper damaged was of a type that was particularly sensitive, ordinary paper would not have been damaged.

Held that there was no nuisance because ordinary paper would not have been damaged.

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