FLETCHER V. RYLANDS
3 H. & C. 774, 159 Eng Rep 737 (Ex. 1865)
NATURE OF THE CASE: This is an action in trespass.
FACTS: Fletcher (P) and Rylands (D) had property near to one another. D possessed the
land except the mines and veins of coal under the surface. P was possessed of coal mines
lying near D's land. D constructed a reservoir separated from P's colliery by intervening
land. Under part of the intervening land, P had, by workings lawfully made in his own
colliery and in the intervening land, opened an underground communication between his own
colliery and the old workings under the reservoir. The underground connection between the
properties was not known to D nor anyone employed by D. The shafts themselves were filled up
with soil; and it was not known to or suspected by Ds, or any of the persons employed by
them in making the reservoir, that they led down to old coal workings under its site. The
reservoir was constructed over five old shafts, leading down to the workings. When the
reservoir was filled with water it burst down the shafts, and flowed by the underground
communication into the P's mines. P sued D because he was unable to work his flooded mine
for a long time. P was also put to expense in pumping out the water and repairing damage
done by it, and lost gains and profits. P also claimed that his workman were scared of the
dangers of working the mines and thus his operation was rendered permanently more expensive
and more difficult than it had been or would otherwise have continued to be. The colliery
was finally abandoned. An arbiter prepared a special case to the Court of the Exchequer.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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