Torts Grady F2019 Strict L

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Right: #
Wrong: #
# Right & # Wrong of #

Rylands v. Fletcher

Strict L
D's contractors digging reservoir ignore abandoned tunnels below, P's mine flooded when res filled.
Collected and kept something dangerous that escaped from one property to another
Blackburn’s Rule: Collects on land for his own purpose something unnatural that if escapes likely to do mischief
Reservoir not natural use of water

Tenant v. Goldwin

Strict L
D's poop seeps thru shared cellar wall, spoils P's ale
ATI: Poop dangerous and filthy, escaped

Carstairs v. Taylor

P tenant's rice stores flooded after rat chews thru D's drainage sys water box inspected 4 days prior. Sys the standard for the time. P had cotton stores on higher floor.
MU: rain collect for mutual benefit; rat=3rd party/borderline VM; D didn't pour.

Nichols v. Marsland

D's ornamental pools flood during historic storm, destroy P county's bridges. D's water flow mechanisms not updated/repaired for a few years. No such overflow b4.
VM Sever storm caused damage=act of god/vis major; not collection, just artificial diversion

Rickards v. Lothian

3rd party clogs drains, runs water in D's building. P=tenant.
Damage caused by 3rd party (D powerless to prevent ATI=>VM); indoor plumbing=common use/mutual benefit

W.H. Smith & Son, Ltd. v. Daw

D's sewage pipe burst, floods P's premises. Pipe connected to P's prop
Poop not collected, was flowing in pipe; MU=P used pipe to mutual benefit; CU=sewage pipe is common usage