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Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468

Country:
United Kingdom
  • Plaintiff was breeding foxes and put up a sign advertising the fact. Defendant, who was trying to sell the neighbouring space, thought that this would deter buyers.

  • Therefore when Plaintiff refused to take down his sign, Defendant fired guns along the boundary which, as he knew, causes foxes to avoid mating and kill their young.

  • Court awarded Plaintiff damages and granted an injunction.

MacNaughton J

  • Declined to follow Bradford Corporation v Pickles, saying that cases of noise were distinct from cases of percolating water and that in noise cases like this, Christie rules apply so that there was actionable nuisance.

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