A water main belonging to a waterworks company, which had been authorized by Parliament to lay the main, burst. There had been no negligence on the part of the waterworks company. The claimants’ premises were flooded but the waterworks company was held to have no liability. The owner of land is, as an exception to the rule in Rylands -v- Fletcher, not liable for damage caused by works executed under statutory authority.
Lindley LJ said the decision in Rylands decision ‘is not to be extended beyond the legitimate principle on which the House of Lords decided it. If it were extended as far as strict logic might require, it would be a very oppressive decision.’
Lindley LJ
[1894] 70 LT 547, 1894) 10 TLR 259
England and Wales
Citing:
Cited – Rylands v Fletcher HL 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 . .
Cited by:
Cited – Transco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
Applied – Longhurst v Metropolitan Water Board HL 1948
Water had leaked from a main and disturbed paving stones in the highway. The water board had had no knowledge of or reason to suspect any danger to the public at the place in question.
Held: Affirming the Court of Appeal, since the board was . .
Cited – Read v J Lyons and Co Ltd HL 1946
The plaintiff was employed by the Ministry of Defence, inspecting a weapons factory. A shell exploded injuring her. No negligence was alleged. The company worked as agent for the ministry.
Held: The respondents were not liable, since there had . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 05 January 2022; Ref: scu.188031