There is a boundary to the west of his farm, adjacent to which the respondent has a land. change. 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. The old waterworks company was incorporated by an Act passed in 1842. Richards. Click here to remove this judgment from your profile. It appears to me that this is the true construction of the section from the language itself. (2) The noble and learned lord appears to have. Upon that point there can be no doubt since Chasemore v. Richards(1) was decided by this House in the year 1859. LORD WATSON (after stating the facts given above):-. Facts. Bradford Corporation v Pickles 1895. Related posts. 49 of the Act of 1854 must have a wider meaning than that which I think ought to be attributed to sect. 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. imputed to him? But I am not prepared to adopt Lindley L.J. If it was an unlawful act, however good his motive might be, he would have no right to do it. 14 in the Waterworks Clauses Act 1847. 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. I venture to doubt whether the doctrine of Marcellus would assist the appellants' contention in this case; but it is unnecessary to consider the point, because the noble and learned Lords who took part in the decision of Chasemore v. Richards(1) held that the doctrine had no place in the law of England. The expression, "The waters of the said 'Many Wells'" occurs in sect. The facts that are material to the decision of this question seem to me to lie in a very narrow compass. ], Whatever may be said of the drafting of this section, two things are clear: first, that the section in its terms contemplates that persons other than the company may be legally entitled to divert, alter, or appropriate the waters supplying or flowing from. Citation. Court judgments are generally lengthy and difficult to understand. and A. L. Smith L.J., reversed his judgment. Case Summary [1] This case involves Curtis Pearman’s attempt to purchase certain real estate in 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. If the view which commended itself to the Court of Exchequer in Dickinson v. Grand Junction Canal Company(1) had been established, the proposed action of. These are available on the site in clear, indexed form. At present there is no way of escape for the imprisoned waters except by the Many Wells Springs. 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. accepted a passage in Mr. Bell's Principles (sect. The mayor of the Bradford Corporation is the owner of the Tropper Farm which is 140 acres in extent. This brings me to the 49th section of the statute 17 & 18 Vict. If this is done the result, it is said, will be to allow the water to run off in some other direction. 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. For these reasons, in so far as concerns the. This essential is based on the maxim Ubi Jus Ibi Remedium means where there is right there is remedy. The Mayor Of Bradford v Pickles AC 587 (HL) The plaintiffs owned land beneath which were water springs that were used for more than 40 years to supply Bradford town with water. 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. 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. 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. 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. Examples of Damnum Sine Injuria Opening of fancy shop opposite to others fancy shop. The second branch, which prohibits the sinking of wells and other operations, has, in my opinion, no reference to outside waters more or less distant which might ultimately find their way to the Many Wells Springs. Mohammed Amin v Jogendra Kumar Bannerjeee [1947] A. Contains public sector information licensed under the Open Government Licence v3.0. The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. D had the water diverted (so as to make P pay for it), rendering the dam useless. 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. The claimant, Bradford, was an employee of the defendants, Robinson Rentals, and in the course of his employment it was requested that he … In the late nineteenth century the English town of Bradford … If this question were to have been tried in old times as an injury to the right in an action on the case, the plaintiffs would have had to allege, and to prove, if traversed, that they were entitled to the flow of the water, which, as I have already said, was an allegation they would have failed to establish. Written and curated by real attorneys at Quimbee. The law of Scotland, if it differs in that, is in all other respects the same with the law of England. lib. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 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. But that section is merely a reproduction of sect. logical consequence of the reasoning of their Lordships in Bradford . I have written over 600 high quality case notes, covering every aspect of English law. The plaintiffs have no case unless they can shew that they are entitled to the flow of the water in question, and that the defendant has no right to do what he is doing. Upon the supposition on which I am now arguing, it comes to an allegation that the defendant did maliciously something that he had a right to do. 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. 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