Negligence-Highway Authority – Construction of Road under Statutory Powers – Imperfect Drainage of Land Above Road – Heavy Rains – Consequent Flooding Below Road – ‘Act of God’ – Misfeasance or Nonfeasance.
The Halifax Corporation obtained statutory powers, in or about 1867, for constructing a road across a hill which sloped down towards the bottom of a narrow valley traversed by a stream, on the banks of which were the mills of the plaintiffs. The greater part of the hill was covered with loose shale from the weathering of the shale which was the foundation of the hill. No precise way was laid down in the statute for constructing the road, nor were, the exact provisions prescribed which should be made or maintained for dealing with water and shale. The road had to be cut deep into the side of the hill, and the natural and obvious effect of making such a road was that it acted as a catch- water for the rain water from the upper slopes, which would otherwise have flowed on to the parts of the hill below the site of the road. It also caught the loose shale carried down by the water flowing over the slopes of the hill, and it was necessary to provide for the water and shale coming from above, which would thus be intercepted by the road. For this purpose the contract and plans originally made certain provisions, which, until modifications from time to time, were carried out. On July 1, 1914, heavy rains fell, and water and vast quantities of shale flowed over the road to the valley beneath, and into the plaintiffs’ mills and upon their land. At the trial of the action for damages the Judge found on the evidence that (a) insufficient provision was made for carrying off the, water and shale: (b) that the defendants had not exercised reasonable care in maintaining the works intended for dealing with the water and the shale:- Held, that on the findings of fact the corporation were liable on the ground of misfeasance, and that the damage, was not caused by the act of God, but could have been provided against by reasonable care and skill.
Judges:
Atkin, J
Citations:
[1916] EWHC KB 1, (1916) 85 LJKB 1769
Links:
Jurisdiction:
England and Wales
Negligence
Updated: 27 September 2022; Ref: scu.681193