In Halsey v Esso Petroleum, what kind of damage could be claimed in a public nuisance case?

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In Halsey v Esso Petroleum, the claim focused on property damage that was more severe than what would typically affect the general public. The case illustrates the concept of special damage in public nuisance claims, which allows individuals to seek recovery when they suffer a direct and significant impact that stands apart from that experienced by the community at large.

In this case, the claimant experienced property damage due to oil emissions that affected his property more acutely than it affected others in the vicinity. Public nuisance generally requires showing that the plaintiff has suffered more than the general public or a particular injury that is different in kind or degree from what others have experienced.

Therefore, the ability to claim for property damage that is more severe than that experienced by the public as a whole accurately reflects the principle of special damages in public nuisance claims. This aligns with the ruling in Halsey v Esso Petroleum, where the claimant's unique experience of property damage justified the claim.

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