མན་་ 19529 CLASS MATTER AT POSTOFFICE AT COLUMBIA, MISSOURI-4000 NOVEMBER, 1919 TABLE OF CONTENTS Bills and Notes-Parol Evidence to Charge Endorsee as Co- Husband and Wife-Right of One Spouse to Recover Loss of Equitable Relief Against Nuisances and Similar Wrongs In Missouri1 I. PRIVATE NUISANCE. Definition. In order the better to secure to the owner and occupier of land its proper use and enjoyment the common law has recognized certain rights in addition to the mere right of possession which is redressed by the action of trespass. These non-possessory rights are called natural rights because, like the right of possession, they exist irrespective of the consent of others. These natural rights have been summarized as follows:" (1) To have the air free from unreasonable pollution by "The substance of this article will appear shortly in a book on Equity with notes on Missouri cases and is used here with the permission of the publishers. 'And are thus distinguished from consensual rights; easements and profits are usually consensual but may be acquired by prescription. Tiffany, Real Property p. 649. The list is not entirely complete: for example, the storing of large quantities of dangerous explosives in close proximity to a dwelling is a nuisance; French v. Mfg. Co. (1913) 173 Mo. App. 220, 226, 158 S. W. 720; Liggett v. Powder Mfg. Co. (1917) 274 Mo. 115, 119, 202 S. W. 372; or the use of such explosives in a thickly populated community. Blackford v. Herman Co. (1908) 132 Mo. App. 157, 163, 112 S. W. 287. 'Cooke v. Forbes (1867) 5 Eq. Cas. 106 (ammonia fumes); Kirchgraber v. Lloyd (1894) 59 Mo. App. 59 (vapors and smoke from brick kiln); Sultan v. Parker-Washington Co. (1906) 117 Mo. App. 636, 644, 93 S. W. 289 (fumes from asphalt plant); .Bielman v. R. R. (1892) 50 Mo. App. 151 (stock yards). See also St. Louis Safe Deposit Co. v. |