Rylands v Fletcher - Classic Nuisance

Nuisance - Land
Rylands -v- Fletcher (1868) LR 3 HL 330
HL
1st January 1868
The defendant had constructed a reservoir to supply water to his
mill. Water escaped into nearby disused mineshafts, and in turn
flooded the plaintiff's mine. The defendant appealed a finding
that he was liable in damages. Held: The defendant is bound 'sic
uit suo ut non laedat alienum'. "The defendants, treating them as
the owners or occupiers of the close on which the reservoir was
constructed, might lawfully have used that close for any purpose
for which it might in the ordinary course of the enjoyment of land
be used; and if, in what I may term the natural user of that land,
there had been any accumulation of water, either on the surface or
underground, and if, by the operation of the laws of nature, that
accumulation of water had passed off into the close occupied by
the plaintiff, the plaintiff could not have complained...On the
other hand if the defendants, not stopping at the natural use of
their close, had desired to use it for any purpose which I may
term a non-natural use, for the purpose of introducing into the
close that which in its natural condition was not in or upon it,
for the purpose of introducing water either above or below ground
in quantities and in a manner not the result of any work or
operation on or under the land, - and if in consequence of their
doing so, or in consequence of any imperfection in the mode of
their doing so, the water came to escape and to pass off into the
close of the plaintiff, then it appears to me that that which the
defendants were doing they were doing at their own peril; and, if
in the course of their doing it, the evil arose to which I have
referred, the evil, namely, of the escape of the water and its
passing away to the close of the plaintiff and injuring the
plaintiff, then for the consequence of that, in my opinion, the
defendants would be liable."
This case cites 3 cases
This case is cited by 37 cases

No other research site is so powerful for such a low price. David
is happy to provide subscribers to UKlawyers with a brief guest
account to test the service.
 
Ring 01484 717380 or 0773 187 4426 to subscribe or enquire.
 
"More Cases, More Courts, More Years, More Use"
 
Go to:
David Swarbrick's lawindexpro - http://www.lawindexpro.co.uk/.