St Helen’s Smelting v Tipping [1865]

Trees on plaintiff’s estate injured by fumes from
copper smelter.
House of Lords drew distinction between matters
producing injury to the value of the property (material injury) and those
causing personal discomfort.
In determining whether latter constitutes actionable
nuisance, need to take into account nature of locality.
Must be something over and above the inconveniences
inevitable in that locality.
But these considerations do not apply to material damage
– these must not be inflicted regardless of location.