Rylands and Another v Fletcher
| Jurisdiction | UK Non-devolved |
| Judgment Date | 17 July 1868 |
| Judgment citation (vLex) | [1868] UKHL J0717-1 |
| Court | House of Lords |
| Date | 17 July 1868 |
[1868] UKHL J0717-1
House of Lords
Whereas by virtue of a Suggestion of Error entered upon the Judgment Roll in the Court of Exchequer, at the Instance of John Rylands and Jehu Horrocks (Defendants there), in a Cause wherein Thomas Fletcher was Plaintiff, and the said John Rylands and Jehu Horrocks were Defendants, the said Judgment Roll and Proceedings of the said Court of Exchequer were brought into this House on the 23d Day of May 1867, in order to reverse a Judgment of the Court of Exchequer Chamber on a special Case, reversing a Judgment of the said Court of Exchequer, for the said John Rylands and Jehu Horrocks, Defendants there (Plaintiffs in Error); and Counsel having been heard, as well on Monday the 6th as Tuesday the 7th Days of this instant July, to argue the Error so suggested as aforesaid; and due Consideration being had this Day of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgment given in the said Court of Exchequer Chamber, reversing...
To continue reading
Request your trial
-
Jamaica Public Service Company Ltd v Marcia Haughton
... ... Whitehouse v Jordon and Another [1981] 1 All E.R. 267 is judgment of the House of Lords. The accurate headnote inter alia ... Law I agree with Counsel for the Defendant that the rule is Ryland v Fletcher is not applicable in this case. The Claimant has, though her witnesses established that ... ...
-
Rands v McNeil
...in allowing it to escape from the keeper's control with the result that it does damage". This is in full accord with the principle of Rylands v. Fletcher where "escape" is an essential condition of liability: See ( Read v. Lyons 1947 Appeal Cases, at page 167, per Viscount Simon. Applying t......
- Batang Kali Estate Sdn Bhd v Romani Binti Abdul Aziz
-
Bolton v Stone
...But I do not think that this case comes within any such special category. It was argued that this case comes within the principle in Rylands v. Fletcher, L.R. 3, H.L. 330, but I agree with your Lordships that there is no substance in this argument. In my judgment the test to be applied her......
-
Non-delegable duties: Dangerous activity.
...of the decision may be taken to be the following passage at pp 556 – 557. Having explained why the former rule in Rylands v Fletcher (1868), LR 3HL 330 should be “absorbed by the principles of ordinary negligence”, their Honours continued at p 556: Under those principles, a person who takes......
-
Non-delegable duties: Dangerous activity.
...of the decision may be taken to be the following passage at pp 556 – 557. Having explained why the former rule in Rylands v Fletcher (1868), LR 3HL 330 should be “absorbed by the principles of ordinary negligence”, their Honours continued at p 556: Under those principles, a person who takes......
-
Remoteness Criteria in Equity
...(No 2) [1967] 1 AC 617 (PC); Cambridge Water Co vEastern Counties LeatherCo [1994] 2 AC 264.10 Rylands vFletcher (1866) LR 1 Ex 265; (1868) LR 3 HL 330; Cambridge Water Co vEasternCounties Leather Co [1994] 2 AC 264.11 Smith New Court Securities Ltd vCitibank NA [1997] AC 254; A. Dugdale (e......
-
Compensation for harm caused by nuclear installations: what’s the damage?
...the 41st General Conference of the InternationalAtomic Energy Agency, Article 1(6).15. Included here is the rule in Rylands v Fletcher (1868) LR 3 HL 330 which is now firmlyestablished as a sub-set of the law of nuisance, see Cambridge Water v Eastern CountiesLeather [1994] 2 AC 264 and Tran......
-
Rylands v. Fletcher Revitalised
...own purposes brings onto, collects, or keeps on his land something likely to do Junior Sophister Law student, Trinity College, Dublin. 'LR 3 HL 330 (1868); Affg LR I Ex 265 (1866). 2 Most recently in Superquinn v. Bray UDC Unreported, High Court, 18 February 1998, Laffoy J. See also Cambrid......
-
Tort Law
...(Pte) Ltd and Woh Hup (Pte) Ltd [2019] SGDC 110 41. Zillion Global Ltd v Deutsche Bank AG, Singapore Branch [2019] SGHC 165 1 (1868) LR 3 HL 330. 2 [2019] 1 SLR 834. 3 [2000] PNLR 323. 4 [2017] QB 987. 5 [1957] 1 WLR 582. 6 [1998] AC 232; [1997] 3 WLR 1151. 7 Muller v King's College Hospita......