| 000 | 01475cab a2200205 4500 | ||
|---|---|---|---|
| 001 | ABS38418 | ||
| 008 | 090401t1987 xxu||||| |||| 00| 0 eng d | ||
| 035 | _a(Sirsi) u10424 | ||
| 041 | _aeng | ||
| 245 | _aStephens v Anglian Water Authority | ||
| 260 | _c1987 | ||
| 350 | _a0 | ||
| 490 |
_aWeekly Law Reports _v(1987) 1 WLR 1381-1387(7) |
||
| 520 | _aCA 17 July 1987. Appeal by owner of cottage (S) against previous decision striking out her claim for damages against the defendant water authority (A) for negligence . A had extracted such quantities of water from underground reserves that part of S`s land collapsed. S alleged that A had been negligent in extracting water despite warnings that damage would result. At issue was whether A was entitled to extract underground water flowing through undefined channels, even if this caused damage to the land above. A number of authorities were considered and S sought to distinguish the decision in The Mayor and Corporation of Bradford v Pickles , (1895) AC 587, on two grounds : 1) In Bradford v Pickles HL had been concerned with the rights of the plaintiff, not with the duties of the defendant. CA did not accept that argument, pointing out that it was a necessary implication in Bradford v Pickles that HL, in referring to the rights of the defendant, must have negated any duty owed to the pl | ||
| 650 | _aDUTY OF CARE | ||
| 650 | _aLIABILITY | ||
| 690 | _aLAND-CASE LAW | ||
| 942 | _n0 | ||
| 948 | _c04/03/1997 | ||
| 999 |
_c6573 _d6573 |
||