EMPEROR Vs. NOOR MAHOMED SULEMAN

JUDGEMENT

(1.) The facts of this case are shortly these. The petitioners, manager and servant respectively of a toyshop in Shekh Memon Street, exhibited in the windows of the shop, overlooking the public road, certain clockwork toys during the last Diwali festival. The result of the exhibition was that thousands of people collected on the road to witness the toys. The Magistrate finds on the evidence that there were dangerous rushes in consequence; people were knocked down; and great obstruction and danger were caused to those using the road. The petitioners were asked by the Police to stop the exhibition but they would not obey.

(2.) There can be no doubt upon these findings on the evidence that there were obstruction, danger, and injury to the persons using the public way; which amounted to a public nuisance.

(3.) The only question is whether that nuisance was caused by the petitioners.