Facts
- In 1860, Rylands paid contractors to build a reservoir on his land, intending that it should supply the Ainsworth Mill with water. Rylands played no active role in the construction, instead contracting out to a competent engineer.
- While building it, the contractors discovered a series of old coal shafts and passages under the land filled loosely with soil and debris, which joined up with Thomas Fletcher’s adjoining mine. Rather than blocking these shafts up, the contractors left them.
- On 11 December 1860, shortly after being filled for the first time, Rylands’ reservoir burst and flooded Fletcher’s mine, the Red House Colliery, causing £937 worth of damage.
- Fletcher pumped the water out, but on 17 April 1861 his pump burst, and the mine again began to flood.
- At this point a mines inspector was brought in, and the sunken coal shafts were discovered.
- Fletcher brought a claim against Rylands and the landowner, Jehu Horrocks, on 4 November 1861.
Principles
Issue.
- Was the use of Defendant’s land unreasonable and thus was he to be held liable for damages incurred by Plaintiff?
In the House of Lords
Held.
- The lower court judgment was affirmed, stating in essence that the Defendant’s use of the land was unreasonable, engaged in without proper caution, and resulted in harm to the Plaintiff.
- Blackburn J
- it seems but reasonable and just that the neighbour who has brought something on his own property (which was not naturally there), harmless to others so long as it is confined to his own property.
- but which he knows will be mischievous if it gets on his neighbour’s, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property.
