:" Campbell v Milsom-This was an action of assumpsit " ( breach of a promise to pay ) ", to recover the sum of ?5 17 4d, for rent due from the defendant for the use and occupation of a certain farm situate on the North Shore, leased by the plaintiff to defendant for a term of years.
22.
"Generally speaking an owner of ancient lights is entitled to sufficient light according to the ordinary notions of mankind for the comfortable use and enjoyment of his house as a dwelling-house, if it is a dwelling-house, or for the beneficial use and occupation of the house if it is a warehouse, a shop, or other place of business ."
23.
Two reports were made, neither of which were entirely acceptable to the parties or to the court, which finally, by a decree in general term, allowed nothing for use and occupation by defendant, but did make an allowance for a sum received from the United States for its use, after deducting from this latter sum the amount paid to an agent for its collection.
24.
It seems to me that that principle may be deduced from the character of these cases, and is this, viz : that those acts necessary for the common and ordinary use and occupation of land and houses may be done, if conveniently done, without subjecting those who do them to an action . . . There is an obvious necessity for such a principle as I have mentioned.
