276 ANNUAL REGISTER, 1816. 



bringing offensive trades into his 

 neighboiiiiioodj the introduction 

 of offensive smells, dust, or noise. 

 Nor was it to be considered how 

 much a man could endure with- 

 out injury to health, but how 

 much he could tolerate without 

 incon\eiiience, and that at all sea- 

 sons, vvhetlier in health or sick- 

 ness, whether feeble or robust. 

 Now, there could be no doubt 

 that the incessant din and pitchy 

 smoke of a smithy must be a nui- 

 sance to persons not accustomed 

 to them, and so situated as the 

 present seemed to be with respect 

 to the plaintiff. Nor was it any 

 answer to this, that the plaintiff 

 endured the annoyance of steam- 

 engines and foundries before. 

 The nearest of them seemed to be 

 at the distance of 400 yards, while 

 this smithy was as near as eight : 

 but even allowing that they were 

 nearer, the defendant had no 

 right to add to causes of disturb- 

 ance already existing. Because 

 a man endures one inconvenience 

 without complaining, no right can 

 be establislied on the ground of 

 his patience or forbearance to ag- 

 gravate it, or to add another. 

 The question for the considera- 

 tion of the jury therefore was, 

 what according to the evidence 

 was the state of the facts — was 

 this smithy brought to the plain- 

 tiff^s premises, and was it so near 

 as to annoy his comforts? — Fei- 

 dicifor the Plaintiff. 



The King v. Macnamara and 

 ' another . — Thii wat an action 

 founded uopn an indictment 

 charging tiie defendants with hav- 

 ing raised, or caused to be raised, 

 certain palings and fences, and 

 with having dug up, and other- 



wise disturbed, a certain line of 

 road, fi-om Margate to Canter- 

 bury, in the jiarishof St. John the 

 Baptist, to the great annoyance 

 and obstruction of his Majesty's 

 subjects. 



Mr. BoUand stated the case for 

 the Crown, by which it appeared 

 that there liad been established, 

 for more than fifty years, a line of 

 road through Birchington, from 

 Margate to Canterbury ; but that 

 this being considered of late years 

 too narrow for coaches, it became 

 necessary to have it widened. Ac- 

 cordingly, in the years 1809 and 

 1810, that measure was adopted j 

 and besides the ancient or Roman 

 road, there were two others call- 

 ed the Blue and Red roads U[)on 

 the subject of these loads there 

 were already pending between 

 the present defendants and others 

 no less than seven actions and four 

 indictments; one ])arty complain- 

 ing of the obstruction set up by 

 Mrs. Macnamnra, and a piofess- 

 sional gentleman named Hill, who 

 had jointly attempted to stop up 

 the cnmmimication of the load in 

 question. Mrs. Macnamara, it 

 appeared, lived somewhere on the 

 road side, which being widened, 

 she at first endeavoured to dis- 

 suade the passengeis from going 

 that way; but not succeedmg in 

 this, Mr. Hill (who was also in- 

 cluded in the indictment) urged 

 her to stop up what was called 

 the Red Road, and accordingly 

 trenches were thrown up, palings 

 and fences were erected, and car- 

 riages passing that way were in 

 consequence upset, and subject- 

 ed to other accidents. Mr. 

 Bushell, a surveyor, immediately 

 remonstrated upon these obstruc- 

 tions, and insisted upon their 



removal. 



