case RYPPON against bowl Hilary term James roll if a man erect a house to the  nuisance of another every occupier of it afterward be subject to a action  until it be remove ante vide post dyer cro car   a lev ld ray salk burr onslow  n p action on the case whereas the plaintiff September Elizabeth be seize in  fee of a message and chamber in Noundell and Thomas henson be then possess of  a little shed adjoin to the say house and at the say September Elizabeth and  from the time whereof c there be a window in the say house look towards the  say shed by which window only and by no other mean the lightt come into the  chamber of the say house that the say Thomas henson September Elizabeth erect  a building upon the say shed so near adjoin to the say house that it stop up  all the light of the say window so as he lose all his light and that the  defendant September James be possess of the say building new erect have  continue and not move it from the first day of September James until the day  of the bill per quod action c the defendant plead not guilty and it be find  against he and now move in arrest of judgement that this action lie not  against the defendant for although a action lie against he who erect it as it  be agree by all the court yet against the defendant who be only for year and  inhabit only therein and have commit no other act to prejudice the plaintiff  and who have not authority to abate it but if he shall will be Chargeable in a  action of waste the action be not maintainable against he and it be not like  the lady brown case for the turn of a cock nor to a penthouse which overhang  another man courtyard for the fall of every shower of rain be a new nuisance  but here it be only inhabitancy which be not any nuisance and if the plaintiff  shall have any remedy it shall be by a quod to let pass against the tenant of  the freehold and to that opinion coke chief justice incline though the other  justice doubt therein but afterward it appear that the plaintiff have procure  judgement to be enter without motion to the court the defendant be put to his  writ of error vide ass Elizabeth dyer