Rylands v. Fletcher
D's contractors digging reservoir ignore abandoned tunnels below, P's mine flooded when res filled.
Collected and kept something dangerous that escaped from one property to another
Blackburn’s Rule: Collects on land for his own purpose something unnatural that if escapes likely to do mischief
Reservoir not natural use of water
Tenant v. Goldwin
D's poop seeps thru shared cellar wall, spoils P's ale
ATI: Poop dangerous and filthy, escaped
Carstairs v. Taylor
P tenant's rice stores flooded after rat chews thru D's drainage sys water box inspected 4 days prior. Sys the standard for the time. P had cotton stores on higher floor.
MU: rain collect for mutual benefit; rat=3rd party/borderline VM; D didn't pour.
Nichols v. Marsland
D's ornamental pools flood during historic storm, destroy P county's bridges. D's water flow mechanisms not updated/repaired for a few years. No such overflow b4.
VM Sever storm caused damage=act of god/vis major; not collection, just artificial diversion
Rickards v. Lothian
3rd party clogs drains, runs water in D's building. P=tenant.
Damage caused by 3rd party (D powerless to prevent ATI=>VM); indoor plumbing=common use/mutual benefit
W.H. Smith & Son, Ltd. v. Daw
D's sewage pipe burst, floods P's premises. Pipe connected to P's prop
Poop not collected, was flowing in pipe; MU=P used pipe to mutual benefit; CU=sewage pipe is common usage