‘It was found lawful for one to build a fence upon his own ground, by the side of a river, to prevent damage to his ground by the overflow of the river, though thereby a damage should happen to his neighbour by throwing the whole overflow in time of flood upon his ground. But it was found not lawful to use any operation in the alveus.’ (Deans of Court of Session, William Maxwell Morison)
(1811) vol XXIX-XXX, 12779.
Scotland
Cited by:
Cited – Arscott and others v Coal Authority and Another CA 13-Jul-2004
The defendant had deposited coal wastes. When the river Taff flooded, the spoil heaps diverted the floods to damage the claimants’ homes. They appealed refusal of their claims in nuisance. The judge applied the common enemy rule: ‘an owner or . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 05 January 2022; Ref: scu.199367