Falconar v South Shields Corporation

JurisdictionEngland & Wales
Date1895
Year1895
CourtCourt of Appeal
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5 cases
  • Raglan Housing Association Ltd v Southampton CC
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 July 2007
    ...opinion prevent it from being a sewer. The question is one of fact and degree in each case. See Falconar v. South Shields Corporation (1895) 11 TLR 223. In that case Lindley L.J. pointed out that the stream had changed its character completely and had become a sewer in the ordinary sense of......
  • Legge (George) & Son Ltd v Wenlock Corporation
    • United Kingdom
    • House of Lords
    • 22 December 1937
    ...cases where it has been stated to be a question of degree whether a natural stream has become in law a sewer, notably Falconar v. Corporation of South Shields, 1895, II T.L.R. 223, and Newcastle-upon-Tyne Corporation v. Houseman, 1899, 63 J.P. 85. But in these cases the legality of the disc......
  • Sefton Metropolitan Borough Council v United Utilities Water Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2001
    ...sewage in such substantial quantities that its character is completely changed (as occurred in Falconar v Corporation of South Shields (1895) 11 TLR 223) it may no doubt become a sewer within the ordinary meaning of the word." 19 Oliver LJ distinguished (at p.575) the decision of this court......
  • British Railways Board (Plaintiffs v Tonbridge & Malling District Council (Defendants
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 3 April 1981
    ...in such substantial quantities that its character is completely changed (as occurred in Falconar v. South Shields Corporation, 11 Times Law Reports 223) it may no doubt become a sewer within the ordinary meaning of the word. Perhaps the best indication of the circumstances which can produce......
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