Rylands Flashcards
Rylands v Fletcher
D liable for accumulation and escape of water from reservoir into C’s mine.
Cambridge Water v Eastern Counties Leather
D not liable as damage to water supply was too remote.
Giles v Walker
D not liable for damage caused by thistles as they were already growing on land (not brought there).
Ellison v MOD
D not liable as rainwater had naturally accumulated on airfield (not artificially gathered there).
Shiffman v Order of the Hospital of St John of Jerusalem
Flagpole not dangerous in itself but it became a dangerous thing when it escaped and fell on C.
Transco v Stockport MBC
D not liable as use of pipes on land was not a non-natural, extraordinary use.
British Celanese v Hunt
Storing foil for manufacturing was a natural use of land as public benefited from activity.
Read v Lyons
No liability as ammo shell didn’t escape onto C’s land.
Perry v Kendricks Transport
No liability for explosion after act of children which D had no control over.
Nicholls v Marsland
Act of God had caused ornamental lakes to escape, not D’s lack of care.
Sochaki v Sas
Fireplace is ordinary and domestic so no claim, even though fire can clearly lead to damage.
Transco v Stockport MBC (second mention)
D not liable as water supply was ordinary for that size building, also it was flowing through the land rather than stored there.
Crown River Cruises v Kimbolton
Escapes can be intentional, like the fireworks escaping the land and setting fire to C’s barge.
Gore v Stannard
2012 new rule - the thing must escape onto C’s land, fire spreading from something on D’s land is not a valid escape.
Wagon Mound No1
The type of damage must be reasonably foreseeable, not necessarily how it will occur or how bad it would get.