case anonymous in a action find upon a injury every thing which show that the  defendant do what he lawful may do may be give in evidence upon not guilty I  Bulst Yelv SC godb SC burr roll Abr Com dig Com dig hut in a action on the  case by which the plaintiff declare that he be seize in fee of a ancient  message in London in which there have be time out of mind a ancient light and  that the defendant by erect a new house contiguous to it have stop up the same  to his damage c the defendant plead not guilty and upon the trial before king  CJ at the sit after last term it be give in evidence that by the custom of  London every citizen upon a ancient foundation may build a house as high as he  please that the defendant have a ancient house contiguous to the plaintiff  house and rebuild it upon the ancient foundation and of the same dimension and  that he stop up the plaintiff window which before be high than the defendant  house whereupon the defendant have a verdict and sergeant darnel move for a  new trial first because the custom be not good second if the custom be good it  ought not to be give in evidence upon not guilty comens as to the custom he  insist that it be unreasonable by a new building to stop another person window  for which there can be any good reason give and comens er p although such a  custom be mention by CalthropCalthrops report c edit p a yet the reason there  give for it be weak say non allocatur for the a custom to build upon a new  foundation to the obstruction of ancient light be void roll Abr Yelv   a  custom there be not disallow and it be upon good reason for by the commonlaw  every one may make what erection he please upon his own soil then if one build  a house upon his own soil another may erect a message upon his soil adjoin to  it and stop all his window which be towards his soil side lev raym keb b Syd  and in a city where there be diverse ancient message it be reasonable that if  one raise his house high than his neighbour that the other may at any time  afterward raise his house as high as he please and the advantage or  disadvantage be equal to one as the other then as to the plead of such general  custom the chief justice say that evidence upon the general issue have of late  be allow in many case which in former time will not have be admit and  therefore in a action upon the case which be find upon a injury do by the  defendant to the plaintiff damage every thing which show that the defendant do  what he lawful may do may be give in evidence upon not guilty plead for that  prove that he have do no injury and a new trial be deny for these reason