Hollywood Silver Fox Farm Ltd v Emmett
High Court
Citations: [1936] 2 KB 468.
Facts
The claimant was a silver fox farmer. If disturbed, the foxes were prone to breeding problems and could be agitated into killing their young. The defendant, hoping to disrupt the claimant’s business, told his son to fire guns on the defendant’s land near the claimant’s land.
The claimant sued the defendant in nuisance. The defendant argued that he should not be liable because it had been legal to use the guns on his own land.
Issue(s)
- Was the defendant liable in nuisance?
Decision
The High Court held the defendant liable and awarded the claimant an injunction and damages. While the shooting might have been lawful under ordinary circumstances, it was a nuisance because it was deliberately meant to cause harm to the claimant’s property.
This Case is Authority For…
Whether the defendant acted maliciously is a factor relevant to whether use of the land is reasonable for the purposes of nuisance.
