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ON

THE LAW OF NUISANCES

IN THEIR

VARIOUS FORMS;

INCLUDING

REMEDIES THEREFOR AT LAW AND IN EQUITY.

SECOND EDITION.

CAREFULLY REVISED BY THE AUTHOR,

66

H. G. WOOD,

AUTHOR OF THE LAW OF MASTER AND SERVANT,"

66

FIRE INSURANCE," "LANDLORD AND TEN-
ANT," "THE LIMITATION OF ACTIONS,"

ETC., ETC., ETC.

ALBANY, N. Y.

JOHN D. PARSONS, JR., PUBLISHER.

1883.

Copyright by JOHN D. PARSONS, JR., 1881.

WEED, PARSONS AND COMPANY,
PRINTERS AND STEREOTYPERS,
ALBANY, N. Y.

PREFACE.

I can assure the profession that it is with no small degree of trepidation that I submit this work to their criticism. But, whatever may be the reception with which it meets at their hands, I have the consciousness that I have labored earnestly, faithfully and honestly to make it a work worthy their patronage and favor. That it is not free from faults, I am fully aware, but it must be remembered that I was a pioneer in this "wilderness" of law, with no compass to guide me, but left to find my way through the entangled mass, as best I might. No work upon the subject has previously been written, and, while there are numerous works in which a single chapter is devoted to the subject, yet, in every instance, I have found those chapters worse than useless, as affording any light upon the subject. They are necessarily superficial views of the subject, and calculated to mislead, rather than to serve as a guide.

I have examined most of the decided cases bearing upon the various branches of the subject in the reports of the courts, both of this country and England, that were within my reach. I believe that none of any importance have escaped my attention. If So, it has been through inadvertence, and not design. That the work may be found useful, both to the student and practicing lawyer, is my earnest wish, and, if I have failed to grasp the subject with that vigor, or to set it forth with the

clearness desirable, I have the satisfaction of knowing that I have at least cleared the way for some abler and more vigorous writer, who may hereafter take up the subject.

ALBANY, N. Y., April 12, 1875.

H. G. WOOD.

PREFACE TO SECOND EDITION.

This work, written eight years ago, met with such a favorable reception at the hands of the profession that I have been induced. to revise it and bring it down to the present state of the cases. Considerable matter has been eliminated from the former edition and replaced by other matter, which was regarded as of more importance, but, notwithstanding an attempt on my part to keep the work down to its original size, the text has been increased by about one hundred and fifty pages, while the actual amount of new matter added is really about two hundred and twenty-five pages. The amount of litigation under this head of the law has largely increased in the past few years, but I am happy to say that, except in one or two matters of minor importance, no changes in the rules advanced by me have been made by the courts, and in some instances, in which I went in advance of the cases, or questioned the doctrine involved in them, I have been fully sustained by the courts of the State whose doctrine was questioned. I do not say this in a boastful spirit, but as an expression of my satisfaction at finding that my labors in this field were not such as to mislead the profession, and I trust that this edition will be found equally reliable and to embody every phase of the topics of any practical importance to the profession.

BOSTON, March 8, 1883.

H. G. WOOD.

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