The Law of Torts

Cover The Law of Torts
The Law of Torts
Clerk, J. F. (John Frederic), 1848-1931
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Unson, 29 Ch. D. p. 123.
(_d) Wood V. Wand, 3 Exch. 748 ; (*) Acton v. Blundell, 12 M. & W.
HodgUnson v. Brmor, 4 B. & S. 229. 824.
(e) Mason v. Mill, 5 B. & Ad. 1. (V) Chasemore v. Ricltards, 7 H. L.
(/) Sam'pson v. Hoddinott, 1 C. B. C. 349.
PEKCOLATING WATER. 331 on the pkintiif s land and was stationary there, as in a well, to percolate away from it (a). Nor will the motive with which the defendant so intercepts the water be material. Thus if a land- owner sink a tunnel on his land, the eff
...ect of which is to cut off the underground water supply from his neighbour, no action will lie, even though his object was not to benefit his own land but to extort money from his neighbour by forcing him to buy him out at his own price (b). A distinction however has been drawn, though on what grounds is not clear, between the case of draining water out of a well and that of draining it out of a running stream, and the latter has been held to be actionable (c) ; but this forms the sole limitation upon the otherwise absolute right of an owner of land by sinking wells in his own soil to drain his neighbour's land with impunity.

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