276. Nuisance at common law.

276.     Nuisance at common law.

The emission of smoke, fumes or noxious vapours in such circumstances that the value of neighbouring property is diminished, or the beneficial use of that property interfered with, constitutes an actionable nuisance at common law1 for which damages may be recovered2, and the commission of which will, in general, be restrained by injunction3. The person primarily liable in respect of a nuisance is the person who has created it4 or authorised its creation5, but in certain circumstances the occupier of premises from which a nuisance has