He whose dirt it is must keep it that it may not trespass. The defendant was liable where he failed to maintain the partition wall in his privy so that the filth ran into the plaintiff’s cellar.
Citations:
(1704) 2 Ld Raym 1089, [1704] Holt KB 500, [1704] 2 Ld Raym 1089, [1704] 6 Mod Rep 311, [1704] 91 ER 20, 314
Jurisdiction:
England and Wales
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.
Nuisance
Updated: 09 December 2022; Ref: scu.188028