FRESH WHARF, LTD., AND OTHERS v. NICHOLSON'S WHARVES, LTD.

(1935) 52 Ll L Rep 110

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Rivers-Wharves (River Thames)-Right of access-Mutual rights of adjoining wharf-owners - Mooring of second plaintiffs' vessels at first plaintiffs' wharf adjoining defendants' wharf- Claim by plaintiffs for declarations that they were entitled to access for vessels coming to or leaving their wharf without obstruction by a vessel lying at defendants' wharf and overhanging the frontage of plaintiffs' wharf; that the defendants were bound to move such obstructing vessel when necessary; and for an injunction restraining defendants from obstructing the access of vessels to plaintiffs' wharf - Contention by defendants that plaintiffs' right of access was confined to vessels of a reasonable size for navigating the River Thames and berthing at plaintiffs' wharf, and that the plaintiffs were not entitled to berth the vessels in question as they were not of reasonable size and prevented free access to defendants' wharf-Alleged danger to defendants' wharf and to vessels tied up there- Nuisance-Public right to navigate vessels of reasonable size-Meaning of "reasonable."