Campbell v. Paddington Corporation [1911-1 KB 869]

 Campbell v. Paddington Corporation [1911-1 KB 869]


Background: In that case the plaintiff was in possession of a house in London from the windows of which there was an uninterrupted view of part of a certain main thoroughfare along which it was announced that a public procession was to pass. 


Reason to approach the Court of Law: The plaintiff rented out certain seats on the first and second floors of the house in order to see the procession. The defendants, a Metropolitan Borough in pursuance of a resolution of their Council to that effect caused a stand to be erected as regards a certain highway in which the plaintiff’s house was situated to enable the members of the Council and their friends to view the procession. On account of this obstruction, the prospective lessees refused to come to observe the procession from the plaintiff’s house. The plaintiff filed a suit for recovery of damages.


Decision Held: It was held in that case that the Metropolitan Borough was not entitled to erect a stand as it was not compatible for the purpose for which it was meant. The stand erected by the borough was held to be a nuisance and the plaintiff was found to be entitled to recover the profit which but for the defendants’ act she might have made by letting seats as damages. On the basis of this authority.

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