123. Liability for damage to property caused by noxious fumes or vapours.

Where fumes or vapours which are intrinsically noxious escape and damage the property of a neighbour, then, in the absence of an easement1, it is an actionable nuisance if the effect is to diminish the value of the property and the comfort and enjoyment of it2.

Such damage may be caused by noxious fumes or vapours from the burning of bricks3, lime

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