ipl-logo

The Mayor Of Bradford Vs Pickles Case Study

774 Words4 Pages

V. Disha Chowdary
Reg No: 1416402
1 BBA LLB B
LAW OF TORTS
CIA-3
Case law :-
The Mayor of Bradford vs. Pickles
Citation : The Mayor of Bradford vs. Pickles, [1895] AC 587
Appellants : The Mayor, Aldermen and Burgesses of the Borough of Bradford
Respondents : Edward Pickles
Date : 29 July 1895
Year : 1895
Court : House of Lords
Judges : Lord Halsbury LC, Lords Wastson, Ashbourne, Macnaghten.
Courtry : United Kingdom
Area of Law : Nuisance
Issue : Can a use of property which would be legal if due to a proper motive become illegal because it is promoted by a motive …show more content…

In an action brought by the landowner it was held that the principles which regulate the rights of owners of the land in respect to the water flowing in known and defined channels, whether upon or below the surface of the ground do not apply to underground water which merely percolates through the land of defendant and the plaintiff had no right of …show more content…

Downton

Defendant told the plaintiff, as a practical joke, that her husband had asked him to tell her that he was lying with both legs broken following a serious accident. This statement was false. The plaintiff believed the statement and suffered nervous shock and a number of physical consequences.

In the present case it is an admitted fact that neither the appellants nor either of the companies whose undertaking is now vested in them ever acquired from the respondent or his predecessors in title any part of their legal right to or interest in the water in their land.

In the year 1892 the respondent began to sink a shaft on his land. He did it with a bad intent only. Due to that sinking of shaft discoloured water was flowing through the pipes. This caused nuisance to the people in the city.

The appellants alleged in their statement of claim that the respondent had a bad intention and so to endeavor to induce them either to purchase his land or give him some compensation.

The House took time for consideration.
The acts done or sought to be done by the defendants were all done upon his own land and with the flow of water is an interference with water in his own

Show More
Related

  • Evans V. Alicia Mandolin Case Digest

    667 Words  | 3 Pages

    Mitchell made the foregoing misrepresentations of fact to and concealed the true facts from Mildo/Perlow when he sold the house to them with the intent of inducing them to purchase it. Mitchell intended or had reason to expect that the misrepresentations and half-truths would be repeated to subsequent purchasers of the residents who would rely on them. The Court held that despite Mitchell was two sales removed from the plaintiff, he used his construction expertise to conceal the true condition of the property and knew there was a strong likelihood that the deception would be passed on to a subsequent

    Read More

  • Ignes Maples Case Study

    264 Words  | 2 Pages

    Agnes Maples, 90, would have been forced to pay hefty fines of up to $2,500 per day if she did not get her property cleaned up. Her neighbors had complained about the messy yard, but little did they know, it wasn't actually Maples' mess. A relative of the elderly widow's had been storing his belongings and dumping his trash in her yard for years. When the city decided to take action against Maples, she tried to get her relative to move his junk, but he would not remove it and the task proved to be too difficult for Maples to do on her own.

    Read More

  • Billy Buyer Case Summary

    506 Words  | 3 Pages

    The Plaintiff did not fulfill her contractual obligation to negotiate her claim with the Defendant prior to filing the lawsuit. The Defendant affidavit is attached herein. CONCLUSION Based on the foregoing fact, and as the Plaintiff did not fulfill her contractual obligations, Defendant requests the Court to dismiss this case complying with forgoing New York federal court decision. Date: New York, New York June 18,

    Read More

  • Quail Court Case Study

    470 Words  | 2 Pages

    I explain to Mr. John that this was illegal to do without permission from the owner at 7412 quail court. I contacted Mrs. Gilliam at approximately 1130 hours, I explain to Mrs. Gilliam that her water line had been tapped into by Mr. Brown at 7400 quail court and that he was offering to pay her for the water he had used. Mrs. Gilliam said that would be ok with her. I gave Mrs. Gilliam the phone number for Mr. Brown so she could contact him when she get her water bill in. I made contact with Mr. Brown and explained to him that Mrs. Gilliam said it would be ok for him to pay for the water he used but Mrs. Gilliam would not know how much he owed her until she received her water bill.

    Read More

  • Discussion Board Forum 2 Case Summary

    1187 Words  | 5 Pages

    Discussion Board Forum 2 Case Study Martin has decided to retire after he spent many years as a deputy police officer in a small town in North Carolina and as a detective in Raleigh. During his years as an officer of the law and order, he deiced to invest in some properties in the state. One of the properties is in the blue ridge mountains in North Carolina and the other real estate is on the North Carolina coast. The real property at the mountain was purchased 31 years ago as a joint tenancy with a right of survivorship with his friends. The second property located on the North Carolina coast is been taken by eminent domain by city authorities to make space for new development and business around the area.

    Read More

  • Rhalys Case Study

    807 Words  | 4 Pages

    The City asserts that it was entitled to an opportunity to cure the discovery failure before sanctions could be awarded. Dismissal with prejudice is a sanction that should be imposed only in those rare instances where the conduct of a party is so egregious that no other sanction will meet the demands of justice.” The appellees sued the City, seeking damages allegedly suffered by them when Eubanks Creek overflowed ad flooded their

    Read More

  • The New Water Czars By Daniel Kraker

    754 Words  | 4 Pages

    The tribe still uses some of the settlement water to runoff to restore wetlands along the river. He believes that some members deserved more than 650,000 acre-feet, he thought that it wasn’t fair that they only agreed because they were afraid of the possibility of losing their case in

    Read More

  • How Did Roger Sherman Contribute To The American Revolution

    2494 Words  | 10 Pages

    Obscure People of the American Revolution We have all heard of George Washington, Thomas Jefferson, and Benjamin Franklin. These are the most studied, the most documented people of the American Revolution and a few of our country’s Founding Fathers. These are the famous people that everyone refers to when they are either reciting a quote or making a reference to the American Revolution or our Founding Fathers. We all know that these well documented individuals were well educated in the finest schools and that their families had the wealth to accomplish anything they wished.

    Read More

  • Indian Removal Act Pros And Cons

    733 Words  | 3 Pages

    The Supreme Court had decided that the Indians could live on the land; however, they could not hold a title to the land. This was because their “right to own their land” was inferior to the settler’s “right to discovery.” The Indian’s wanted to own their own land because it was theirs to begin with; therefore, they thought this decision was

    Read More

  • Was Reconstruction A Success Or Failure Essay

    1823 Words  | 8 Pages

    Even though the section goes on to say that if an Indian is occupying the said construction area, they will “be supplied with sufficient quantity of water for irrigating and domestic purposes,” I still don’t believe that it is fair because the construction is disrupting their daily lives; they also didn’t have a say in if they wanted a pipe there in the first place (Blum, Gjerde, and Hoffman, 47). All in all, I believe this act during the Reconstruction period was a failure in the sense of inconsideration. Although I believe that the Reconstruction era had many failures, it would be biased to say

    Read More

  • Jodi Arias: Trial For The Death Of Travis Alexander

    724 Words  | 3 Pages

    Jodi Arias was on trial for the death of Travis Alexander, an ex-boyfriend, who was killed in a ruthless manner. In the early stages, Jodi Arias denied visiting Alexander’s residence around the time of death and appeared confident that she would win the trial. Then she changed her story as new physical evidence placed her with the victim shortly before his death. This type of behavior does not look good for her. Right of the bat, the public defender should have pushed for advising Jodi to plead the fifth and not to testify.

    Read More

  • The Erie Canal Region

    1228 Words  | 5 Pages

    They could divert the flow of water to their property, even if it disrupted the neighbor 's land and destroyed their crops. This eventually led to the establishment of the Canal Board. The board was specifically designed to issues regarding the state’s artificial waterways. The board made most of the decisions about At times the average citizen considered only the negative side of having a canal and neglected the benefits which accrued in having an expanded market. Many of the people who didn’t feel as if their claims for property damage were taken seriously, turn to the state as an advocate.

    Read More

  • African American Civil Liberties

    854 Words  | 4 Pages

    John Pozgai worked his life a as a merchant and eventually purchased land. Mr. Jonh Pozgai who assumed he had the right to do what he chooses on his own property removed 7,000 old tires and old automobiles. Would you believe it that the Enverviermental Protection Agency defined this property as a wetland even though the only connection to a wetland was a small drench ditch? Can you believe that after the Army Coup of Engineers instead he apply for a permit and he applied for a permit the Environmental Protection Agency sent cameras on his property and then he was arrested for putting earth and topsoil and sand into the United States waters because in the logic of the Epa it was pollutants that he was discharging .

    Read More

  • Case Study: Kelo V. New London

    1506 Words  | 7 Pages

    Within Kelo v. New London, the city of New London, Connecticut seized - by eminent domain - the real property of some New London residents and sold the property for private development on the grounds of economic redevelopment (Kelo v. New London). Even though the plaintiffs (the home owners) claimed the seizure was a violation of the Fifth Amendment’s taking clause, the Connecticut and U.S. Supreme Courts ruled in favor of New London. The court ruled the seizure was an acceptable application of ‘public use’ because the land was not taken for the benefit of a select group of private individuals but, rather for the benefit of the community under the revitalization plan. The Kelo v. New London case is fully analogous to Martin’s situation. Under the Kelo precedent, Martin’s land has been seized for ‘public use’ - the construction of a resort for the benefit of the Wilmington community - and he is without legal standing to recover his property.

    Read More

  • Norton V. Black, 469 C. Id

    465 Words  | 2 Pages

    To be a considered a natural condition, it must remain its natural state—despite the movement or relocation. Norton v. Black, 469 P.2D 102. For example, in Norton, a young boy was injured while playing on a hedge that was planted by property owners. Id. 102. The court held that the hedge was natural.

    Read More

More about The Mayor Of Bradford Vs Pickles Case Study

Open Document