Public House and the Baptist Chapel: Remarkable Case: Devon Summer Assises, before Mr. Justice Denman, the case of Vicary v. Scammell was heard on Wednesday … Mr. Thorne said that the plaintiff claimed damages for the interception of light caused by the erection of high buildings by the defendant. Defendant denied this, and further joined the issue on the ground that the plaintiff had acquiesced … In this case the plaintiff owned the freehold of a public house which he occupied at Teignmouth called the Royal Oak. He had occupied it for 23 years and held the freehold for 10 years. The inn was situated on Commercial Road. The road was very narrow, only 10 feet 11 inches in width and for many years prior to the action there existed opposite the inn, a high building, adjoining which was a low building, and again beyond that high building in the occupation of Mr. Kent. … The chapel now extended the whole length and was 15 ft height to the eaves and 26 ft 9in to the ridge, so that it was double that of the former building. … (continues) … John Acland, traveller for Pinsent and Sons, Newton Abbot, brewers, stated that he called regularly on the plaintiff. Before the building was erected, he used to have his bills settled in the bar, but now he could not do so without artificial light … (continues) … Mr. Vicary had obtained £50 damages for the diminution of light to his property by the erection of the new Baptist Chapel. The loss will fall heavily on the new cause, but, doubtlessly, many of its friends will practically evince their sympathy. …
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Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901