130. When smoke amounts to nuisance.

130.     When smoke amounts to nuisance.

Even when unaccompanied by noise or noxious vapours, and although not injurious to health, smoke may constitute an actionable nuisance1 or be the subject of indictment2 provided that the annoyance produced is such as materially to interfere with ordinary comfort. The fact that the smoke issues from premises in a manufacturing town does not affect the question of nuisance if it can be shown that the annoyance otherwise caused has been materially increased3. Nuisances of this kind are now to a substantial extent regulated by statute4.