126. Smoke, fumes and smells.

Smoke1, fumes2 or smells3, either together or singly, which materially interfere with the ordinary physical comfort of human existence, when judged by the standard previously stated4, constitute a nuisance in law. They need not be actually noxious or injurious to health5; and it is immaterial that there are other sources of discomfort in the neighbourhood, if the one complained of is a material addition to it6. The fact that the nuisance existed long before the complainant occupied his premises does not relieve the offender7, unless he can show that, as against the complainant, he has acquired the right to