198. Ineffectual defences.

198.     Ineffectual defences.

Where, after taking all the circumstances into consideration, an annoyance is such as to amount to a nuisance, it cannot be justified on the ground that:

  1.  

    (1)     the place is a suitable or convenient one for the performance of the act which occasions the nuisance1; or that

  2.  

    (2)     it arises from the carrying on of a trade, lawful in itself and properly conducted, for purposes necessary and beneficial to the community2; or that

  3.  

    (3)     it arises from the defendant's use of his own property in a common and useful manner and for his own