For these reasons the appeal, in our opinion, should be allowed with costs here and in the Appellate Division, and the judgment of the learned trial judge restored.
J.-I concur in the result. The legal effect of the findings of the learned trial judge, which apparently were accepted by the Appellate Division, appears to be this. The exercise of the husband's right of access was wrongfully made dangerous by a nuisance for which the municipality is responsible.
The right to complain of such a wrong is not limited to the owner, but inheres also in his wife and other members of his family residing with him. This injuria is an invasion of a private right incidental to the ownership and occupation of property. Lyon v. Fishmongers' Company (1).
Section 460 of the Consolidated Municipal Act, 1922, has no application to it.
Statutes and regulations cited
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Unresolved citations
- Section 460 of the Consolidated Municipal Act, 1922