Facts
Fumes from a copper smelter damaged trees and shrubs on the claimant's estate.
Issue
Is the character of the area relevant where there is physical damage?
Held
The smelter was liable.
Principle
Where causes physical damage to property, the character of the neighbourhood is no defence. Locality matters only for nuisance that causes discomfort.
Why it matters
Separates physical damage from loss of comfort.
Cited in these chapters
Topics
Cite this page
St Helen's Smelting Co v Tipping (1865) 11 HLC 642 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/st-helens-smelting-v-tipping> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.