Ainley v Kirkheaton Local Board: 1891

The exercise of the right of an owner of property to discharge into a public sewer conferred by section 21 of the 1875 Act could not be prevented by the local authority on the ground that the discharge was creating a nuisance. It was for the local authority to ensure that what was discharged into their sewer was freed from all foul matter before it flowed out into any natural watercourse.

Judges:

Stirling J

Citations:

(1891) 60 LJ (Ch) 734

Statutes:

Public Health Act 1875 21

Jurisdiction:

England and Wales

Cited by:

CitedBarratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) SC 9-Dec-2009
The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to . .
Appeal fromKirkheaton District Local Board v Ainley, Sons and Co CA 4-Jul-1892
The defendants erected water-closets on their premises, the drains from which they connected with two small natural water-courses, which had become sewers, and were, therefore, vested in the plaintiffs, a local board. Through these sewers the sewage . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 07 September 2022; Ref: scu.383815