In the course of proper mineral workings by the defender, the soil above the coal, which was stiff and impervious to water, so that, whilst it was undisturbed, the greater part of the rainfall flowed away over the surface, was cracked into open fissures, through which the rainfall flowed freely down into the defender’s workings, towards the pursuer’s holding, out of which it had to be pumped at additional expense.
Held: The case was one of damnum absque injuria, giving rise to no claim for damages. An owner of land cannot complain of damage caused through the natural user of land by a neighbouring owner.
(1876) 2 App Cas 95
England and Wales
Cited by:
Cited – Willis and Another v Derwentside District Council ChD 10-Apr-2013
The claimants sought damages alleging the escape of noxious CO2 gas from the defendant’s neighbouring land. The gas originated from old coal workings.
Held: There had come to be a liability falling in the defendant from 2006. Its delay in . .
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Updated: 17 June 2021; Ref: scu.472534 br>