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Published online by Cambridge University Press: 02 November 2023
This chapter traces the historical derivation of private and public nuisance law, extending back to 12th century England, where a public nuisance was considered to be an offense agains the Crown. As such, nuisance was considered to be a criminal act, punishable by the sheriff purusant to police powers. Over time public nuisance expanded to embrace activities such as lotteries, unlicensed plays, disorderly houses of prostitution, noxious odors, higway interferences, and many other offenses. In the 16th century a crime of public nuisance gave rise to a private tort if the plaintiff could show he sustained injuries that were different in kind from those suffered by the general public. This special injury requirement carried over into modern public nuisance jurisprudence. Over time nuisance law subsumed elements of criminal law, tort law, and property law. Modern American public nuisance law developed with the American Law Institutes Restatement (Second) of Torts, in 1979. The ALI Restatement (Third) has consierably limited the modern concept of public nuisance law, excluding its applicability to product cases.
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