“Nuisance liability requires damage beyond that affecting ordinary land use”
Robinson stored brown paper in premises above Kilvert's factory. Kilvert used heat in his manufacturing process which caused the temperature in Robinson's premises to rise, damaging the brown paper which was particularly sensitive to heat. Robinson sued in nuisance claiming the heat damaged his paper.
Whether a defendant can be liable in nuisance for interference that damages only unusually sensitive property or activities, where ordinary use would not be affected.
The Court of Appeal held that Kilvert was not liable. There was no actionable nuisance as the heat would not have affected ordinary use of the premises.
This case establishes the important principle that nuisance requires interference with ordinary use of land, protecting defendants from liability for unusually sensitive claimants. It remains a key authority on the scope of private nuisance and the 'abnormal sensitivity' rule.
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OSCOLA Citation
Robinson v Kilvert (1889) 41 Ch D 88
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