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''Miller v Jackson'' () QB 966 is a famous Court of Appeal of England and Wales case in the torts of negligence and nuisance. The court considered whether the defendant - the chairman of a local cricket club, on behalf of its members - was liable in nuisance or negligence when cricket balls were hit over the boundary and onto the property of their neighbours, Mr and Mrs Miller, the plaintiffs. ==Facts== Cricket had been played at a small cricket ground in Lintz, near Burnopfield, County Durham, since 1905, on land leased to the club by the National Coal Board. The National Coal Board also owned a field adjacent to the ground, which it sold to Stanley Urban District Council. The Council sold the land to Wimpey for development. A line of new semi-detached houses were built next to the ground in 1972, one of which, 20, Brackenridge, was bought by the Millers. The Millers' garden boundary was only from the nearest batting crease, and their house only further away. Several cricket balls were hit onto their property over the following years, causing minor damage to their house (chipped paintwork, broken roof tiles) and risking personal injury to the Millers. Despite measures taken by the club to minimise recurrences, including the erection of a high fence in March 1975 on top of a boundary wall and asking batsmen to try to hit fours rather than sixes, a few balls continued to be hit out of the ground each season. For example, in 1975, 36 matches were played over 20 weeks in the summer, with 2,221 six-ball overs being bowled. Out of the 13,326 legitimate deliveries (ignoring no-balls and wides) there were 120 sixes, of which six crossed the fence and fell into the housing estate. The club offered to meet the cost of any property damage (£400), and suggested further countermeasures, such as louvred window shutters, and a net over the Millers' garden. The Millers were not content and sued for damages and an injunction to prevent cricket being played on the ground. The case is well known for the lyrical opening to Lord Denning's dissenting judgment, the first paragraph of which reads:
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