Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Nuisance-Definition. For more information about nuisance see the pages on Wikipedia.  

Nuisance-Definition: Cases

2004 Turner v. Caplan, 268 Va. 122, 596 S.E.2d 525.

Nuisance case concerning whether pasturing of a horse within residential subdivision constituted nuisance. The law of nuisance exist independent of restrictive covenants or zoning issues. The question is whether the nuisance complained of will or does produce such a condition of things as in the judgment of reasonable persons is naturally productive of actual physical discomfort to persons of ordinary sensibilities and of ordinary taste and habits. The term nuisance extends to everything that endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property. Trial court properly concluded there was a nuisance but entered an order that was too broad as to its scope.

1999 Breeding v. Hensley, 258 Va. 207, 519 S.E.2d 369.

Suit filed on behalf of infant, plaintiff alleged that town and its employees were negligent and created nuisance while collecting garbage by allowing dumpster to be placed so as to obstruct public street. Plaintiff while riding down street struck dumpster. The negligence count was dismissed on grounds of municipal immunity since function involved was governmental function. In regards to nuisance count, any unauthorized obstruction that unnecessarily impedes lawful use of public street is public nuisance at common law. Any unauthorized use of public highway that is extensive and continues long enough to be unreasonable may amount to public nuisance. This claim was sufficient to withstand demurrer. Notice requirement under Va. Code § 8.01-222 is applicable to nuisance claims since town is liable for maintaining public nuisance only if plaintiffs can establish that town employees were negligent. The notice requirement only applies to the town not the employees. Since proper notice was not given to town, the action against the town is dismissed but nuisance claim against employees will stand.

1996 Chapman v. City of Virginia Beach, 252 Va. 186, 475 S.E.2d 798.

Wrongful death action of child. Negligence and nuisance are distinct legal concepts. Action for public nuisance is based on claim of injury resulting from condition that is dangerous to public. Finding of negligence is one of two alternative prerequisites required to impose liability on city in nuisance case. Cities can be held liable for damages resulting from nuisance only if the condition claimed to be nuisance was not authorized by law or act creating or maintaining nuisance was negligently performed. Jury issue exists as to maintenance of gate on boardwalk was nuisance in this instance.

1990 Taylor v. City of Charlottesville, 240 Va. 367, 397 S.E.2d 832.

Nuisance-definition.Essential characteristics of “public nuisance” as it relates to highways, is that condition imperils safety of public highway and is dangerous and hazardous in itself. Dangerous condition need not exist within street itself. Court goes on to further explain particulars of nuisance.

1976 Newport News v. Hertzler, 216 Va. 587, 221 S.E.2d 146.

Nuisance-definition.Term nuisance embraces everything that endangers life or health or obstructs reasonable and comfortable use of property.

1963 Barnes v. Graham Va. Quarries, Inc., 204 Va. 414, 132 S.E.2d 395.

Nuisance-definition.Blasting at quarry was held to constitute nuisance. Nuisance embraces everything that endangers life or health or obstructs reasonable and comfortable use of property. It is not necessary to prove negligence when acts complained of result from nuisance committed by another in private capacity.

1948 Haywood v. Massie, 188 Va. 176, 49 S.E.2d 281.

Nuisance distinguished from trespass.

1945 Ritholtz v. Commonwealth, 184 Va. 339, 35 S.E.2d 210.

Nuisance-definition.Any act, omission or use of property which is of itself hurtful to health, tranquility or morals or outrages decency of community is nuisance.