coke b BATENS case mich James in common banc see Colls v home and colonial  store limit ac in quod to let pass to prostrate a house build to the nuisance  of the frank tenement late pa and now the plaintiff the declaration state that  the defendant wrong full c erect upon his freehold a house so near the message  late p s and now the plaintiff that part of the say house jut over the say  message late c to the nuisance of the frank tenement of the plaintiff and to  their damage c the defendant demurrer judgement be give for the plaintiff and  resolve it be not necessary to show how the plaintiff have the estate of p it  be no variance between the writ and the declaration that the former state the  erection to be to the nuisance of the franktenement late p s now the plaintiff  and that the latter aver it to be to the nuisance of the plaintiff for the  plaintiff show in their declaration that the erection be in the time of p the  plaintiff in their declaration in this case need not assign any nuisance in  certain as that the rain fall from the say house new build upon the plaintiff  house for as the declaration show that the defendant house overhang the  plaintiff such must be the necessary consequence note a nuisance may be  redress by action or by the party grieve enter and abate the nuisance but in  this latter case he shall not have a action nor recover damage see Mod salk c  Carthew salk l raym Lutw roscoe on real action Henry baten and Elizabeth his  wife bring a quod to let pass a vide note a Penruddocks case   b a against  George Samson to prostrate a house in the parish of saint clement Dane without  temple bar London which the say George wrongful and without judgement have  build ad nocumentum unconstrained tenementi recently John pleader et modus prd  Henry et Elizabeth in jure Self Elizabeth etcetera and declare that the say  John pleader be seize of a message in the strand in the say parish in fee and  be so seize the say George ult october year Elizabeth wrongful and without  judgement a Inst godb a erect upon his freehold a house so near the say  message recently prd John pleader et modus Self Henry et Elizabeth such quod  Easterner pars the same house Self george b Brownl b superpendet England do  jut over the say message late of the say John pleader and now of the say Henry  and Elizabeth in latitude inch and in longitude foot ad nocumentum  unconstrained tenementi Self Henry et Elizabeth n eaden c to their damage of l  upon which the defendant demurrer in law and in this case three point be  resolve that it be not necessary to c Brownl Doctrin pl roll Rep c show how  the plaintiff have the estate of John pleader in the say house to which the  nuisance be do for so have always be the form of action upon the case and the  declaration upon they in such case b vide note a aldred case post p b b and so  it be adjudge and affirm in a writ of error as appear by the record which  agree with this case in Penruddocks case in the five part of my report f b it  be object coke report a er p that there be variance between the writ and the  declaration in this case because the writ be d godb Inst d to lift up etcetera  ad nocumentum unconstrained tenementi recently John pleader et modus coke a  prd Henry et Elizabeth etcetera and the declaration be to lift up etcetera  house etcetera tam near messuag prd Henry et eltz such quod Easterner pars  etcetera superpendet England do jut over prd messuag nup prd johan pleader et  modus Self Henry et Elizabeth etcetera ad nocumentum unconstrained tenementi  Self Henry et Elizabeth in eaden so that the writ be ad nocumentum  unconstrained tenementi nap John pleader et modus of the plaintiff and the  declaration be ad nocument unconstrained tenementi Self Henry and Elizabeth  and so variance et non allocatur for the plaintiff show in their declaration e  Doctrin pl e that the erection be in the time of I pleader c which agree with  the writ because the erection be ad nocumentum John pleader and the conclusion  ad nocuentum of the plaintiff be necessary for otherwise they can maintain a  action nor demand damage it be object that the plaintiff have declare general  ad nocumentum and have not assign any nuisance in certain know that the f roll  f rain fall from the say house new build upon the plaintiff house or tat the  window be stop by which he lose the light c as in g Doctrin placit Br nuisance  Br travers c g ass e a b h e a b h Richard de Dalbys case the plaintiff in the  quod to let pass show the manner of the nuisance know when the smoke enter  into the say house so that no man can live there so in e b I roll Fitzherbert  nuisance I a man bring a writ of nuisance of a house levy to his freehold and  declare that where he have a house and under his house have a place which  contain so much in length and so much in breadth by which the water use to  descend from his house and pass there the defendant have build a house above  the spout so that the water and drop of rain can not fall as they ought but  fall upon the wall of his house whereby the timber of his house perish so in  ass in assize of nuisance quare dimitit a Fitzherbert assize a lesson get  water c and assign that he make a trench across a river which come to the  plaintiff mill so that it be misturned insomuch that where the mill use to  grind three quarter c in a day and night it can now grind but a bushel and  also that the say water do drown fifteen acre of the plaintiff meadow adjoin  to the same mill so as where he use to have forty load of hay in they he can  now have but seven c vide so e a a b e e b roll b Fitzherbert S Br S Br brief  b h a b and so it be in the say case of Penruddock but it be resolve that the  plaintiff need not in this case assign any c Doctrin placit c special nuisance  for here it appear to the court that it be to the plaintiff nuisance for this  case differ from all the say case for in this case the defendant have build a  new house which overhang part of the plaintiff house which be not in any of  the other case so that of d roll d necessity the rain which fall from the new  house must fall upon the plaintiff house also coke b e roll   light a Cr  Elizabeth e pron  interrog  be solum he be usque ad clum and therewith agree h  and by the overbuilding upon part of the house of the plaintiff he have  deprive they of the air also he have f roll f prevent they from building their  house high and that which appear g   light b g to the court need not be aver  for h Doct pl h law non inquire repeatedly verify quod that this only is  apparent cur blow Com b in partridge case h if I Doct pl   b   b I a infant  bring a assize of mortdancestor be need not aver that it be within the time of  limitation for it appear by the plaintiff coke report a er p infancy e in  trespass for take king   b e b Doct pl Fitzherbert brief Br faux Latin form  king of money the value need not be show because it appear vide h h guard h a  Bracton and this be accord to the old verse quod l Doct pl hard l constat  clare non debet verify and in Penruddocks case the plaintiff do not assign any  special nuisance before the writ bring but that superpendet pedes curtilagii c  per quod get water rain bringing de eaden house descendant solum ejusd  messuagii frighten thoroughly ac greatly indies to greater extent magisque to  use up et to lay waste et she ration curtilagium prd whithersoever you please  rain bringing tempore humectatum et overflow step forth so that all the word  in the say declaration be in the present tense and so after the writ bring and  no assignment of any such particular nuisance before the writ bring it appear  thereby that the court as of a thing apparent take notice thereof without  averment for nunc to rain et toto nunc Jupiter there to flash and that every  one know and the book in e assize m Doct pl m be cite where in assize of  nuisance de ditch alleviate ad nocum unconstrained ten Himself and make his  plaint that there where the water of S hold course direct from S to the water  of Idefe the defendant have make a ditch across the water so that the water be  stop and rise so that his land lie near the say ditch be drown ad financial  loss etcetera and exception be take to it because he do not say how much land  be drown so that the plea be uncertain and note be do not show as in n ass  before a n ass before the particular nuisance upon the drown see that where be  use to have so many load of bay that now he have but so many also it may have  be say that by some manner of drown the meadow will be the better but there ad  damnum imply the contrary but it be answer in the case of a e assize above h a  e that the assize shall say in certain because sometime more in a be drown and  sometime less wherefore the say plaint be adjudge good so in the case at bar  the jury shall inquire of the certainty and quantity of the damage which  happen to the plaintiff by the say nuisance notam reader there be two b Jones  b way to address a nuisance one by action and in that he shall recover damage  and have judgement that the nuisance shall be remove cast down or abate as the  case require or coke a the party grieve may c roll Rep f n b c Bulst Cr  Elizabeth Jones roll   b Cr James Cr car e b Mod post c enter and abate the  nuisance himself as appear by e e and in Penruddocks case c vide note b c  Penruddocks case   a b c but then he shall not have a action nor recover  damage for in a assize of nuisance or quod to let pass to strew before  etcetera it be a good plea that the plaintiff himself either before the writ  bring or pen the writ have abate the nuisance for in a assize or quod to let  pass he shall have judgement of two thing see to have the nuisance abate and  to recover damage and he have disable himself by his own act to have judgement  for one of they S to have a nuisance abate and therefore the action do not lie  strange and therewith agree e a b the abbey of Buckfasts case and h e a ass  vide the stat of W c in d Inst c d grammatical case in who to go away breve de  cancel de facto alicuj de ctero non recedent to express grief a curian king  without remedy pro eastern quod ten tum transferrer de to make one in other et  in registro de cancellar non be invention some breve in thither grammatical  case specific as de mouse house mercat conceditulbreve super the dawn who to  lift up ad nocumentum et si e   a e to bear house mouse et haec like in alian  mask breve non to reject send de extero cum in to make one grammatical case to  go away breve in similar things grammatical case like remedy indegente as  priusfiat breve and the reason that at the commonlaw assize of nuisance lie  not against he who levy the nuisance and he to coke report b er p who the  tenement be transfer be because there be not find any writ of assize of  nuisance in the register but which suppose that the tenant in the assize to  lift up and that can be say when the tenement be transfer to another for he do  not levy the nuisance but only the other and now this statute give a writ of  assize in such case know complaint be we a quod b who levy the nuisance et c  to who the tenement be transfer to lift up and this statute extend only to  assize of nuisance against he who make the nuisance and his alienees f Lutw l  raym f e a b e b a e a b and afterward the plaintiff in the S have judgement