JB/028/167/001

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1

Inserenda.

NOTE.

This is one of those many cases in which the Law remains in
glorious uncertainty: and from the very nature of Common
Law, must for ever do, while the matter remains rests upon the
footing of Common Law.

Tis from individual decisions that the Common Law in this
behalf is to be collected. Now all that can be done by any
individual decision is to pronounce that in the individual
case that called for it, the Deft. had or had not
built [or planted] too near to the Pltf's windows. How
much too near is what a Judge or Juryman is not warranted to
say. Whether it is by a General Verdict the matter shall have been decided, by or
by argument upon a Special Verdict is a chance.
If by a General Verdict no sort of instruction for
future litigants can possibly transpire. If upon "Special verdict, then indeed some very vague imperfect
lights may possibly be collected. The speical vertice
may state in feet and Inches the distance the second building is at from
the first. But this can only apply with any precision to buildings circumstanced
exactly as those two are. And fifty sets
of litigants may be ruined before any tolerably comprehensive
set of rules can be deduced. A Statute might
draw the line at once.

This matter in truth seems not to rest upon expectation:
but upon original utility. And the question For there is nothing
proposed for consideration but the idea of expediency to
determine the expectation. The question proposed for consideration
in each case is. Whether Which would suffer most
at the moment the creation of the second building is proposed.
The owner of the first erected building upon being

Identifier: | JB/028/167/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	167	Info in main headings field
Image	001	Titles	note / note
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	b1 / e2
Penner	jeremy bentham	Watermarks	[[watermarks::[britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9432
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