Bhayroo v Van Aswegen [1915] ZATPD 31 (3 May 1915)

Nuisance -Percolation of noxious matter on to adjoining ground Damages.

B sued A. for damages done to the walls of his house on an adjoining erf through percolation from A's property. The excessiye dampness of the walls was
found to be due to (1) heavy rains, (2) rain water flowing from B's guttering, (3) water containing urine which percolated from A's stable. The magistrate
found it impossible to apportion the damages between the three causes, and granted absolution from the instance. Held, on appeal, that the percolation of urine amounted to a violation of the plaintiff's rights, and that he was
entitle to more than nominal damages .