McKinnon Industries v Walker [1951] WN 401 Privy Council
The defendant manufactured steel and iron products 600 feet from the claimant’s property. The claimant had a dwelling house and also a commercial florists and nursery. As part of his business he specialised in growing orchids which are known for their particular sensitivity. The claimant brought an action in relation to noxious fumes and smuts which had deposited over his shrubs, trees, hedges and flowers causing them to die.
Held:
The defendant’s actions constituted an unlawful nuisance and therefore the claimant was entitled to recover damages in respect of the orchids despite the sensitive nature of the flowers.