(1895) JELR 80470 (HL)    
House of Lords  ·  29 Jul 1895 ·  United Kingdom
Other Citations
[1895] AC 587,[1895] UKHL 1

LORD HALSBURY L.C(reading the Leading Judgment)

My Lords, in this action the plaintiffs seek to restrain the defendant from doing certain acts which they allege will interfere with the supply of water which they want, and which they are incorporated to collect for the purpose of better supplying the town of Bradford. North J. ordered the injunction to issue, but the Court of Appeal, consisting of Lord Herschell, Lindley L.J. and A. L. Smith L.J., reversed his judgment.

The facts that are material to the decision of this question seem to me to lie in a very narrow compass. The acts done, or sought to be done, by the defendant were all done upon his own land, and the interference, whatever it is, with the flow of water is an interference with water, which is underground and not shewn to be water flowing in any defined stream, but is percolating water, which, but for such interference, would undoubtedly reach the plaintiffs' works, and in that sense does deprive them of the water which the…

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