Case Name + Year: Miller V.

Jackson (1977)
Court  England and Wales court of Appeal
Lord Denning

Underlying Facts Plaintiff: Homeowner

Defendant: Lintz Village Cricket Club
-Lintz Village Cricket club has been playing on the same lot for 70 years
-<4 years ago, real estate developer sold adjacent property as private residence,
house was build
- Many balls over fence 72-74, on a few occasions, tile or window broken
- Property tax reduced d/t being by field
-Fence put up 1975. During this year 13,326 balls bowled, 120 six hits. 9 into the
estate grounds.
-Never injured a human, just property (was paid for)
- Club offered unbreakable windows, large net, anything to make more
manageable for homeowners, all offers rejected

Procedural Facts Trial Court

 Plaintiff:
 Defendant:
 Verdict: Club can no longer play cricket on the field

Issue(s)  Should the cricket club be allowed to continue playing cricket on the field?
- Is use of ground for playing cricket reasonable?

Rule(s):  X – 19th century law would count ball as trespassing for individual and club.
  X - Sturges v. Bridgman (1879)[chancery division 852] set precedent of nuisance
claim with physician who stopped working of kitchen because it was noisy to his
waiting room
- Public interest should prevail over private interest.

Analysis - Use of ground for playing cricket is reasonable as it has been so for 70
years, and most villages have cricket clubs and fields. Further, that one
chose to build a house adjacent to the field does not itself make the
field a nuisance
- Sturges V. Bridgman does not apply because property laws now must be
weighed against public interest [Right of club to play]. Should weigh
public right to play v. right of individual to sit in garden undisturbed
- Risk of stray balls was very predictable, measures can be taken to avoid
being in garden while cricket played. Could sell house
- Ultimately public interest > private interest

Holding: - Public interest in the form of right to play ball should prevail over
private interest of individual to build a home next to field and sit in
garden undisturbed. Appeal allowed.