Bamford v Turnley

Bamford v Turnley 3 B & S 62; 122 ER 25, is an English tort law case concerning nuisance and what it means to be a reasonable user of land.

Facts

The defendants burnt bricks in a kiln and this sent noxious fumes to the surrounding country, affecting various neighbours. It made them and their servants ill. They sued to prevent the nuisance.
At first instance it was held that the brick smoke was reasonable because the defendant had only been using the kiln in order to build a home.

Judgment

Bramwell B held that the defendants had to pay compensation. Responding to the argument that if land is being reasonably used in itself, then there is a public interest that it should be carried on Bramwell B went on...

Treatment

The case became a staple of hornbooks, treatises, and law school textbooks, starting in the late 19th century.