Earl of Lonsdale v. Nelson and Others. 1823.
Court of Kings Bench (Abbott, C.J., Bayley, Holroyd and Best, JJ).
14th November 1823.
This case deals with the cutting of branches from a neighbouring tree back to the property line.
During the case Judge Best said that "the permitting these branches to extend so far beyond the soil of the owner of the trees is a most unequivocal act of negligence" and "the security of lives and property may sometimes require so speedy a remedy as not to allow time to call on the person on whose property the mischief has arisen to remedy it".
He went on to say that "in such cases an individual would be justified in abating a nuisance from omission without notice".