The corporation claim an injunction to restrain Mr. Pickles from going on with the proposed work. Otherwise you would have this singular result, that things which by reason of the saving of existing rights are treated as legal and permissible in one part of the clause are treated as illegal and prohibited by another. 275, and then it is evidently synonymous with the following words in a parallel passage in sect. accepted a passage in Mr. Bell's Principles (sect. Facts. The respondent, Edward Pickleâs, land happened to be on a higher level than the Tropper Farm. the streams and springs; and, secondly, that the acts against which the section is directed must be illegal diversion, alteration, or appropriation of the said waters. And, indeed, it seems to me very difficult to conceive how such an act could in any case be legal, unless the company constructed their works in a perverse and foolish manner. In the Act of 1854, the provisions of which were kept in force for the benefit of the corporation, the section in question is the 49th. c. buildings or even personal injury". 4, November 2012. On the second point, on which North J. was in favour of the corporation and the Court of Appeal against them, there is certainly more to be said. The claimant, Bradford, was an employee of the defendants, Robinson Rentals, and in the course of his employment it was requested that he â¦ I desire, however, to say that I cannot assent to the law of Scotland as laid down by Lord Wensleydale in Chasemore v. If the defendant (or respondent) does not answer in time or make a motion, the plaintiff (or petitioner) can ask the court for a default judgment. On this point both North J. and the Court of Appeal decided against the corporation. If his motives were the most generous and philanthropic in the world, they would not avail him when his actions were illegal. In the second place, the section declares that no person but the company is "to sink any well or pit, or do any act, matter, or thing whereby the waters of the said springs may be drawn off or diminished in quantity." The scheduled portion of the farm comprised apparently some but not all of those channels. I have written over 600 high quality case notes, covering every aspect of English law. Get 1 point on adding a valid citation to this judgment. Interact directly with CaseMine users looking for advocates in your area of specialization. I do not think that North J. does justice to the language of the section when he says that "the section enacts that a man is not to do certain specified things except so far as he may lawfully do them." The types of harms which can be claimed for under tortious negligence. His action was lawful and even though he had improper motive, did not make his action unlawfulHollywood Silver Fox Farm Ltd v Emmett 1936 - after a dispute, the defendant fired guns on his own land to interfere with â¦ But the appellants pleaded at your Lordships' Bar, as they did in both Courts below, that the principle of Chasemore v. Richards(1) is inapplicable to the present case, because, in the first place, the operations contemplated and commenced by the respondent are by statute expressly prohibited; and, in the second place, these operations were designed and partly carried out by the respondent, not with the honest intention of improving the value of his land or minerals, but with the sole object of doing injury to their undertaking. He would have done so entirely by actions on his own land. The law of Scotland, if it differs in that, is in all other respects the same with the law of England. I think the plain object of the statutory prohibition, which has two distinct branches, was to give protection to the supply of water which had been acquired by or belonged to the company for the time being; and that it was not meant to forbid, and does not prevent, any legitimate use made by a neighbouring proprietor of water running upon or percolating below his land before it reached the company's supply and became part of their undertaking. The very question was then determined by this House, and it was held that the landowner had a right to do what he had done whatever his object or purpose might be, and although the purpose might be wholly unconnected with the enjoyment of his own estate. 20A-PL-733 Appeal from the Shelby Circuit Court The Honorable Trent E. Meltzer, Judge Trial Court Cause No. first plea urged for the appellants, I concur in the judgment of the Court of Appeal. 4. For these reasons, in so far as concerns the. Examples of Damnum Sine Injuria Opening of fancy shop opposite to others fancy shop. And following the fact pattern of . VI. No one could lawfully tap their aqueducts or conduits. Very clear words would be required to support the contention that legal rights have been swept away without compensation. Among them was part of a farm belonging to one Seth Wright, which was known as Trooper or Many Wells Farm. The natural interpretation of such language seems to me to be this: that whereas the generality of the language of the section might apply to any alteration or appropriation of waters supplying or flowing from the streams and springs called "Many Wells," the section only intended to protect such streams and springs and supplies as the company should have acquired a right to by purchase, compensation, or otherwise, but in such-wise as should vest in them the proprietorship of the waters, streams, springs, & c. And lest the generality of the language should give them more than that to which they had acquired the proprietary right, the legal rights of all other persons were expressly saved; and upon this assumption the latter part of the section makes penal the illegal diversion, alteration, or appropriation of any streams, & c., of which, by the hypothesis, the company had become the proprietor. A comparison of other sections in the Act will confirm this view if any confirmation is required. Chesmore v. Richard 15. It must mean the water which the company were authorized to "divert and take from" those springs which the section at its commencement assumes the company to have purchased - not the waters which supply the springs, but the waters which the springs supply. The prohibition gives effective protection against the withdrawal or diminution, either by an adjacent proprietor or any other person, of waters which have come within the dominion of the appellants. It is to be noted that the defendant or his predecessors in title never parted with any of their legal rights; it is not suggested that the plaintiffs, by agreement or otherwise, ever acquired them; and no indication is given that there is any intention to compensate the defendant for his legal rights sought to be appropriated or injuriously affected by the plaintiffs. If this is done the result, it is said, will be to allow the water to run off in some other direction. 234 is a protective clause corresponding in the main with sect. gratuitously, to the inhabitants of Bradford? 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. Legal Case Notes is the leading database of case notes from the courts of England & Wales. As regards the first point, the position of the appellants is one which it is not very easy to understand. In the late nineteenth century the English town of Bradford â¦ They were empowered to do so by an Act of Parliament passed in 1854, which authorized and required them to purchase the undertaking of a then existing company called "The Bradford Waterworks Company.". He prefers his own interests to the public good. If my reading of the section be correct, the thing that is prohibited is taking or diverting water which has been appropriated and paid for by the company; but the thing which is not prohibited is taking water which has not reached the company's premises, to the property in which no title is given by the section, and which, by the very act complained of, never can reach the company's premises at all. I therefore concur in the judgment which has been moved by the Lord Chancellor. Waters that have come under the control of the appellants are fully protected; but there is not a word to hinder or cramp the action of Mr. Pickles unless he acts "illegally," or proceeds "in any other manner than by law he may be legally entitled.". Case Summary  This case involves Curtis Pearmanâs attempt to purchase certain real estate in After the company had compensated the mill-owners on Hewenden Beck and purchased Trooper Farm, the waters of the Many Wells Springs at and from the point of issue in Trooper Farm, and the water of the stream which rose in the adjoining land at and from the point of its entry into Trooper Farm, became the absolute property of the company, and it was the duty of the company to carry those waters to Bradford. Pickles had a spring below his land, which provided water to the Bradford community. Citation. They say that under the circumstances the operation which Mr. Pickles threatens to carry out is something in excess of his rights as a landowner. So much perhaps might be said in defence or in palliation of Mr. Pickles' conduct. The expression, "The waters of the said 'Many Wells'" occurs in sect. Two faults, nearly parallel to each other, run downwards through it, and there is a bottom of impermeable clay. It is not within the second class, because Mr. Pickles does not propose to do anything which can have the effect of drawing off or diminishing in quantity the waters of the Many Wells Springs, such as they may be at the point of issue in Trooper Farm, or as regards the stream which does not rise in Trooper Farm at the point of its entry into that farm. But the principle of aemulatio has never been carried further. According to the ordinary course of legislation in this country, a clause of that sort is intended to protect property, rights, and interests which have been acquired by purchase, not to transfer arbitrarily from one person to another property and rights for which nothing has been paid, and for which no compensation is provided. In case of any confusion, feel free to reach out to us.Leave your message here. Within the ambit of his own land Mr. Pickles has set about making a tunnel or drift which, apparently, is intended to pierce one of the two faults that keep the underground water within bounds. Apart from the consideration of the particular Act of Parliament incorporating the plaintiffs, which requires separate treatment, the question whether the plaintiffs have a right to the flow of such water appears to me to be covered by authority. contains alphabet). And it may be taken that his real object was to shew that he was master of the situation, and to force the corporation to buy him out at a price satisfactory to himself. 's view of the moral obliquity of the person insisting on his right when that right is challenged. The Act of 1842 scheduled certain lands which the company were empowered to take. 73C01-1406-PL-18 Bradford, Chief Judge. 234 of the Act of 1842, because the Act of 1854 incorporates the Waterworks Clauses Act of 1847, and sect. change. The chief source of their water supply was taken over from the company. I am, therefore, of opinion that this appeal should be dismissed with costs. lib. ). Motives and intentions in such a question as is now before your Lordships seem to me to be absolutely irrelevant. I am aware that the phrase "in aemulationem vicini" was at one time frequently, and is even now occasionally, very loosely used by Scottish lawyers. * Enter a valid Journal (must b) Explain with illustrations: Damnum Sine Injuria Injuria Sine Damno 3. a) Discuss 'Volenti non fit injuria' Refer to exceptions. I quite agree with the Court of Appeal in the result at which they have arrived. It is not within the first class, because at the time of the passing of the Act his predecessor was legally entitled, and he is now legally entitled, to do the thing which is complained of. Above them, in the immediate neighbourhood, there is a tract of land belonging to Mr. Pickles, the respondent. 2, c. North J. ordered the injunction to issue, but the Court of Appeal, consisting of Lord Herschell, Lindley L.J. failed if the defendant's activities had resulted in subsidence of . It relates to "the waters of the said springs" - an expression which can only denote the waters which have actually reached the Many Wells Springs, or some channel or reservoir which has been prepared for their reception upon their issuing from these springs. Bradford v Robinson Rentals Ltd  1 All ER 267. He may be churlish, selfish, and grasping. 49 of the Act of 1854, which is a mere repetition of the previous enactment. So Pickles dug a well into his land and drained all the water as it came through his land, so none of the water ended up in the local council's hands. C alleged that D was not acting in good faith but to compel them to purchase his land. They put their case in two ways. They are welcome to the water, and to his land too, if they will pay the price for it. 49 of the Act of 1854 must have a wider meaning than that which I think ought to be attributed to sect. It comes from a cluster of springs known as "The Many Wells." imputed to him? House of Lords held Corp not entitled to injunction. But although it does deprive them of water which they would otherwise get, it is necessary for the plaintiffs to establish that they have a right to the flow of water, and that the defendant has no right to do what he is doing. The appellants endeavoured to construe the prohibitory clause as effecting a virtual confiscation in their favour of all water rights in or connected with the respondent's land lying to the vest of Trooper Farm. If the act, apart from motive, gives rise merely to damage without legal injury, the motive, however reprehensible it may be, will not supply that element. Putting aside the statutes, the defendant's rights cannot be seriously contested. logical consequence of the reasoning of their Lordships in Bradford . The expression cannot include the underground sources which serve to feed the springs. January 31, 2020, Community Howard filed a motion for summary judgment contending that Miller lacked standing to assert a negligence claim and that Community Howard was immune from civil liability. at 9-12. What is the meaning of the expression, "The waters of the said springs"? This essential is based on the maxim Ubi Jus Ibi Remedium means where there is right there is remedy. These springs issue from the lower slope of a hillside some distance from the town. They cannot dispute the law laid down by this House in Chasemore v. Mr. Pickles, it seems, was so alarmed at this view of the case that he tried to persuade the Court that all he wanted was to unwater some beds of stone which he thought he could work at a profit. My Lords, for forty years the corporation of Bradford have supplied their town with water. In the case of Chasemore v. Richards(1), it became necessary for this House to decide whether an owner of land had a right to sink a well upon his own premises, and thereby abstract the subterranean water percolating through his own soil, which would otherwise, by the natural force of gravity, have found its way into springs which fed the River Wandle, the flow of which the plaintiff in that action had enjoyed for upwards of sixty years. Bradford Corporation v Pickles (1895): The corporation had a reservoir adjacent to Picklesâs land and Pickles wanted to force the corporation to buy his land with a high price. The case of Bradford Corporation v Pickles AC 587 concerned a landowner called Mr Pickles. D had the water diverted (so as to make P pay for it), rendering the dam useless. Richards. But when the use of it is insisted upon as a right, it is a familiar mode of testing that right to stop the permissive use, which the owner of the land would contend it to be, although the use may form no inconvenience to the owner. 38, No. Owing to the fall of the ground and the nature and lie of the strata beneath the surface, Mr. Pickles' land forms a sort of gathering-room or reservoir for subterranean water. It was argued somewhat faintly that sect. Sweet stated that this âopinion is guided by the principle that legal consequences should not attach to the consumption of hamburgers and other fast food fare unless consumers are unaware of the dangers of eating such food.â D owned land containing underground streams which fed C's waterworks. At present there is no way of escape for the imprisoned waters except by the Many Wells Springs. To my mind the case is clear, and turns upon considerations sufficiently simple and far from obscure. (2) The noble and learned lord appears to have. The defendant owned land on a higher level than the plaintiffs. By sect. In Bradford Corporation v Pickles, the House of Lords held that a lawful and reasonable act does not become an unreasonable interference merely because it has been done with an evil motive. D began to sink shafts for the alleged purpose of draining certain beds on stone the effects of which were to seriously affect water supplies to C's operations. 39, tit. The respondent's operations, of which the appellants complain, are within his proprietary right, and are therefore not obnoxious to that part of the prohibition. First of all, it declares that it shall not be lawful "for any person other than the said company to divert, alter, or appropriate, in any other manner than by law they may be legally entitled," any of the waters "supplying or flowing from" these springs, or to sink any well or pit, or to do any act, matter, or thing whereby "the waters of the said springs" may be drawn off or diminished in quantity. PICKLES AND THE BRADFORD WATER SUPPLY By Michael Taggart Oxford University Press, Oxford, 2002 260~~ M ISBN 019925687 ost lawyers are aware of the decision in Bradford v pickles,' although fewer are aware of the context of the case. HL held that D was entitled to do so. It does not mean or include the Act of 1842. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. If the act, apart from motive, gives rise merely to damage without legal remedy or right, the motive, however reprehensible it may be, will not supply that elementâ Bradshaw  14 Cox CC 83 Criminal Law A default judgment can give the plaintiff what he or she wants because the defendant did not tell his or her side of the story. Bradford Corporation vs. Pickles  AC 587 Law of Torts âIt is the act, not the motive for the act that must be regarded. There would be very little in such an argument under any circumstances, because it is only natural that the promoters of the legislation of 1854 would, on the reconstruction of the company, desire to retain or re-enact every clause in the former Act which could make for their protection. My Lords, it is clear that, apart from any privilege which may have been conferred upon them by statute, the respondent, as in a question with the appellants, has a legal right to divert or impound the water percolating beneath the surface of his land, so as to prevent its reaching Trooper Farm, and feeding, or assisting to feed, the Many Wells Spring or the stream flowing from the Watering Spot. PICKLES -  A.C. 587 Court: House of Lords Decided on: 29 July 1895 Appellants: The Mayor, Aldermen and Burgesses of the Borough of Bradford Respondent: Edward Pickles Facts of Bradford Corporation v. Pickles The old waterworks company was incorporated by an Act passed in 1842(5 Vict. Had the prohibition been absolute, it would have struck against the operations of the respondent; but it is subject to the qualification that the respondent, or any landowner similarly situated, may lawfully divert those waters which ultimately feed the Many Wells Springs, so long as he does so in any manuer which is not in excess of his common law rights. In the Bradford Corporation v Pickles 1895, Mr Pickles intended on draining the water underneath his farm in order to mine for flagstone. 4. Click here to remove this judgment from your profile. But where is the malice? v. Hale Abstract Company, Inc., Appellee-Defendant. 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 they would otherwise get. The corporation claim an injunction to restrain Mr. Pickles from going on with the proposed work. 966), which is expressed in very general terms, and is calculated to mislead unless it is read in the light of the decisions upon which it is founded. I am not certain that I can understand or give any intelligible construction to the word so used. The statutory provisions upon which the appellants rely as supporting the first of these pleas are to be found in sect. Why should he, he may think, without fee or reward, keep his land as a store-room for a commodity which the corporation dispense, probably not. Burgesses of the Borough of Bradford v. Edward Pickles,6 decided by the House of Lords in 1895. You may have a right to the flow of water; you may have a property in the water when it is collected and appropriated and reduced into possession; but, in view of the particular subject-matter with which the draftsman was dealing, it seems to me intelligible enough why he adopted the phraseology now under construction. Bradford Corp v Pickles  Uncategorized Legal Case Notes August 27, 2018 May 28, 2019. At that time it must be remembered that the rights of landowners in regard to underground water had not been finally determined. And the decision, as it seems to me, is plainly right. So, here, if the owner of the adjoining land is in a situation in which an act of his, lawfully done on his own land, may divert the water which would otherwise go into the possession of this trading company, I see no reason why he should not insist on their purchasing his interest from which this trading company desires to make profit. But I confess I can entertain no doubt that the mere fact that the section, as construed by the plaintiffs, affords no right to compensation to those whose rights might be affected, is conclusive against the construction contended for by the plaintiffs. 234 of the Act of 1842 if it be construed as it seems to me it ought to be construed. But they say that Mr. Pickles' action in the matter is malicious, and that because his motive is a bad one, he is not at liberty to do a thing which every landowner in the country may do with impunity if his motives are good. Bradford Corporation v Pickles  D owned land containing underground streams which fed C's waterworks. Facts: Dâs land contained a spring that supplied water to Pâs dam. There is a boundary to the west of his farm, adjacent to which the respondent has a land. 233 the company were authorized to divert or alter the course of a certain beck called Hewenden Beck, which is a tributary of the River Aire, "and also to divert and take the water from" the Many Wells Springs, described as "the springs and streams of water called Many Wells, arising or flowing in and through … Trooper or Many Wells Farm.". But the real answer to the claim of the corporation is that in such a case motives are immaterial. Are available on the maxim Ubi Jus Ibi Remedium means where there is a bottom impermeable. The same with the law of Torts.Refer to Bradford corporation v Pickles and Allen v. Flood known Trooper... V. Edward Pickles,6 decided by this House in Chasemore v. 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