The court considered at what point a drain became a sewer: ‘The general rule, as I understand, is, that where a drain receives the sewage of two or more houses it is a sewer; where it receives the sewage of one house only it may still remain a drain, though not necessarily, because it may be a sewer whether it takes the sewage of one house only or no house at all. A main sewer may be laid down by the local authority in a new street where no houses are built, but where it is intended houses shall be built. Subsequently, the buildings may be commenced at the lower end of the street, and when the drains of one house are connected with the main sewer the connecting pipes will be drains and not sewers, but the sewer itself will no less continue to be a sewer, although it receives only the drainage of that one house. And, consequently, a sewer without a drain at all will be a sewer.’
Judges:
Cave J, Wills J
Citations:
[1896] 60 JP 490
Cited by:
Cited – London Borough of Bromley v Morritt CA 21-Jun-1999
The defendants appealed against orders relating to the construction of a sewage pipe through their garden under powers given under the Act. The defendant had later blocked the pipe and the authority sought to recover the costs of repair. He claimed . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 29 April 2022; Ref: scu.182284
