The suggestion that the decision in Rylands v Fletcher had any place in Scots law is ‘a heresy which ought to be extirpated.’
Judges:
Lord Fraser of Tullybelton
Citations:
1985 SLT 214
Jurisdiction:
Scotland
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 . .
Lists of cited by and citing cases may be incomplete.
Negligence, Nuisance
Updated: 12 May 2022; Ref: scu.188014
