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[1907] 2 KB 141 (CA). The claimant occupied a house as a licencee; the defendants were the occupier and owners of the adjoining premises. The defendants operated an electricity generator on their premises, the vibrations from which damaged various fitting in the claimant's house, to the extent eventually that an iron bracket fell from the wall and injured the claimant. At first instance, a judge and jury found that the generator amounted to a nuisance (see private nuisance), and that the defendants were also liable for the injury.

The Court of Appeal reversed both decisions. On the matter of the injury, it is doubtful that such a decision could be reached today; not, at least, on the same grounds (that there was no contractual relationship between the claimant and the defendant). This case was heard before donoghue v stevenson (1932), and the modern law of Negligence had not taken shape.

However, on the matter of nuisance, it appears that Malone still largely represents the law -- the suit failed because negligence is a tort against property, not against the person. Consequently only a person with a proprietary interest in land can sue, not a mere licencee.