Miller v Jackson
A cricket club was liable in nuisance and negligence for cricket balls hit into a neighbour's garden, but the court refused an injunction because of the public interest in cricket.
Facts
Cricket had been played on a village ground in Lintz, County Durham, for about 70 years. A new housing estate was built next to the ground, and Mr and Mrs Miller bought a house near the boundary. Despite a high fence, cricket balls were hit into their garden several times a season, and occasionally damaged their house. The Millers sued the cricket club and asked for an injunction to stop cricket being played.
Legal principle
The Court of Appeal held, by a majority, that the club was liable in nuisance and negligence, but refused to grant an injunction, awarding damages instead. Lord Denning MR, who would have held that there was no nuisance, said that the public interest in allowing the young men of the village to play cricket should prevail over the private interest of the claimants. Cumming-Bruce LJ agreed that an injunction should not be granted, taking into account that the Millers had bought a house next to the ground. Geoffrey Lane LJ would have granted an injunction.
Related cases on nuisance and Rylands v Fletcher
- Attorney General v PYA Quarries Ltd [1957] 2 QB 169
- Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264
- Christie v Davey [1893] 1 Ch 316
- Coventry v Lawrence [2014] UKSC 13, [2014] AC 822
- Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4, [2024] AC 1
- Hollywood Silver Fox Farm Ltd v Emmett [1936] 2 KB 468
- Hunter v Canary Wharf Ltd [1997] AC 655
- Kennaway v Thompson [1981] QB 88
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