"Vaughan v. Taff Vale Ry.", "NL D’s locomotive spark destroyed P’s woods. P complained to D b4. 4-5 fires since RR, none in memory b4. D took all necessary precautions, ordained by legl to be train. CU (Common usage): Leg Sanctioned RR; trains common usage and not ultrahazardous. PPR (P participated in risk):P farmer took no steps to clear dry brush near tracks (contributory neg.)" "Koos v Roth", "L D farmer burns field, fire spreads to P's crop. Fire chief: 1/8 such burnings=>fire, even w/precaution (plow protective strip) UA 1/8 chance=unavoidable risk, starting large fires=ultrahazardous. Grass field burning not CU, even tho common practice in area." "Boynton v. Fox Denver Theaters, Inc", "NL D cinema's emps burned trash (popcorn boxes) in back alley metal drums, spreads to P's adjacent garage. D burned for a year b4. CU: Burning Trash=common use and not ultrahazardous" "Guille v. Swan", "L D crashed in hot air balloon in P's garden, crowd following entered and FSU. Balloon=new tech, ultrahazardous, not common usage. Crowd trespass=foreseeable" "Crist v. Civil Air Patrol, Inc", "NL D's plane crashes into P's lawn. No survivors, flight log lost in wreck. CU: planes=common usage;not new tech=>safe to fly" "Rylands v. Fletcher", "Strict L 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 land" "Tenant v. Goldwin", "Strict L D's poop seeps thru shared cellar wall, spoils P's ale ATI: Poop dangerous and filthy, escaped" "Carstairs v. Taylor", "NL 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", "NL 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", "NL 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", "NL 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" "Bunyak v. Yancey", "L D dairy farmer's manure pool overflows into P's ponds. D built pool for manure. Collected mad poop that escaped; mad poop=ultrahazardous; not common use of land" "Mcgregor v. Barton Sand", "L Sliding water, debris from D's artificial pools for gravel mining causes injury to P. Spillage issues clear b4 P bought land. D explored repairing, didnt. Experts: dug trenches would help, unclear where to trench tho. UA: Same as Rylands/Bunyak. ultrahazardous nature of activity not impacted by common usage or appropriateness of location. UA: sliding debris ultrahazardous" "Walker Shoe Store v. Howard’s Hobby Shop", "NL D’s heating oil tank burst. fire spread to P's adjoining store. D regularly inspected heating tank. Heating oil common usage at time; accident unforeseeable; oil itself didn't escape" "Delano v. Mother’s Super Market", "NL P slips on ice in D's parking lot in AM. D's gutter made ice pool under last night's snow. Gutter not UA, is CU;obvi no escape/ATI cross prop lines; weather uncontrollable;PPR: P coulda watched her step" "Albig v. Municipal Authority", "NL D's public reservoir bursts, floods P's basement. Floor of res not inspected for 70 years, cracks b/c other D's coal mine beneath. Public reservoir used for public/mutual benefit" "Transco p.l.c. v Stockport Metropolitan Borough Council ", "NL D’s burst water pipe exposed P's gas pipeline by sinkhole, leaving pipe unsupported. P fixed. Pipe was natural use of land despite being larger than normal bc plumbing; P shoulda insured against risk; sinkhole not escape; damage due to unforeseeable event" "Losee v. Buchanan", "NL D factory's steam boiler explodes, sends shrapnel flyin, damage to buildings. Steam boilers necessary for industry=>common use bc industry=public benefit" "Powell v. Fall", "L Spark from D's road train ignites P's adjacent haystack. Road trains=new tech so UA over CU; D couldnt take precaution" "Sullivan v. Dunham ", "L Girl hit by tree removed by dynamite 400ft from road Dynamite=UA" "Davis v. Niagara Falls Tower Co.", "L D observatory tower drops mad ice on P's adjacent museum roof every thaw ATI: Ice collected on D's land; Allowing ice to fall=UA"
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