UK Law Case Summary

Rylands and Another v. Fletcher.   

The plaintiff owned a colliery with mine shafts that reached under the land of the defendant. The defendant built on his land a water reservoir, with its position located over the mine shafts. Many of the mine shafts were old and disused. The soil between the mine shafts and the base of the reservoir was unable to support the pressure of the water and subsequently collapsed causing the water to flood the mine. The plaintiff sought damages from the defendants in the Court of Exchequer Chamber in Feb 1866. Judgement was given to the plaintiff and the defendants appealed.

During the appeal it was held that, if a person brings or keeps anything on his land that should later escape and is a cause of damage to neighbouring properties, the owner is responsible for its effects no matter how careful he has been to retain that item.

In this situation the owner of the burst reservoir was judged as being responsible for the damages so their appeal was dismissed.

• Appellant = A person who appeals to a higher court.
• Defendant = A person accused or sued in a court of law.
• Plaintiff = A person who brings a case against another in a court of law.
• Respondent = A defendant (esp. in an appeal case).