(1868) JELR 80149 (HL)    
House of Lords  ·  6 Jul 1868 ·  United Kingdom
Other Citations
(1868) LR 3 HL 330
Core Terms Beta
vertical shafts
close of the plaintiff
close of the defendants
own property
accumulation of water
act of god
close of land
court of exchequer chamber
horizontal workings
mr. justice blackburn
natural use
operation of the laws of nature
close of land of the defendants
considerable damage
court of exchequer
escape of the water
escaping cattle of his neighbour
general rule
higher level
illustration of that principle
intervening land
leading judgment
lord cairns
lord cranworth
lower level
natural condition
natural consequence of its escape
natural flow
natural user of that land
occupier of a mine
old case of lambert v
owners of a mill
own peril
own purposes
plaintiff of his mine
purpose of keeping
purposes of this case
reservoir of the defendants
seams of coal
special case
state of things
true rule of law
weight of the water bearing

LORD CAIRNS(reading the leading judgment)

My Lords, in this case the Plaintiff (I may use the description of the parties in the action) is the occupier of a mine and works under a close of land. The Defendants are the owners of a mill in his neighbourhood, and they proposed to make a reservoir for the purpose of keeping and storing water to be used about their mill upon another close of land, which, for the purposes of this case, may be taken as being adjoining to the close of the Plaintiff, although, in point of fact, some intervening land lay between the two. Underneath the close of land of the Defendants on which they proposed to construct their reservoir there were certain old and disused mining passages and works. There were five vertical shafts, and some horizontal shafts communicating with them. The vertical shafts had been filled up with soil and rubbish, and it does not appear that any person was aware of the existence either of the vertical shafts or of the horizontal works c…

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