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of the 12 Judges, the complainant stands precluded by
a decision pronounced against himself. So far as such
investment took place subsequently to such decision, he
and all similar complainants, at least in respect of the
neighbourhood & spot in question, stand equally precluded,
and that, not only by the principle of the decision,
but, even here, by that very individual decision itself.
They were told by that decision, and told beforehand, that,
whatever might be thought by the neighbourhood, an
establishment for that purpose was not deemed by the
12 Judges a nuisance; or at least such a nuisance, against
which a neighbourhood, and in particular that
neighbourhood, had any title to be relieved.
In vain would it be urged, that the number of persons
exposed to its influence was not so great then as it is become
now: and that therefore, although the nuisance was
not, in respect to the number of persons and quantity of
property affected by it, arrived at that time at such a
height as to create a title to relief against itself, it does
not follow but that it may have arrived at such a pitch
by this time. — In vain: since in the first place, it would
lie upon the persons making this distinction, to draw the
line and say, at what number of persons so circumstanced,
and quantity of property so invested, the title to relief
could, consistently with the principle of the decision
already given, commence; (an attempt evidently vain &
impracticable:) in the next place, there is not one of
those persons, who at the time of laying out his money, did
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Identifier: | JB/118/117/003 "JB/" can not be assigned to a declared number type with value 118.
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26 |
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118 |
panopticon |
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117 |
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003 |
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copy/fair copy sheet |
4 |
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recto |
d17 / d18 / d19 / d20 |
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see note to letter 988, vol. 5 |
39171 |
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