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Nicholas v. Marshland Case Summary

The document outlines several legal cases, including Blyth V/s Birmingham Waterworks Co, which established that no negligence occurred as the water plug leak was an accident due to extreme weather. In P & O Steam Navigation Co. V/s Secretary of State for India, the court differentiated between sovereign and non-sovereign actions, holding the defendant liable for negligence. Rylands V/s Fletcher introduced the principle of strict liability, making employers responsible for damages caused by their independent contractors, while Nicholas V/s Marshland involved a case of damage from artificial lakes during heavy rainfall.

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58 views3 pages

Nicholas v. Marshland Case Summary

The document outlines several legal cases, including Blyth V/s Birmingham Waterworks Co, which established that no negligence occurred as the water plug leak was an accident due to extreme weather. In P & O Steam Navigation Co. V/s Secretary of State for India, the court differentiated between sovereign and non-sovereign actions, holding the defendant liable for negligence. Rylands V/s Fletcher introduced the principle of strict liability, making employers responsible for damages caused by their independent contractors, while Nicholas V/s Marshland involved a case of damage from artificial lakes during heavy rainfall.

Uploaded by

Suri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Blyth V/s Birmingham Waterworks Co, 1850-

Facts: Plaintiff sued to recover for damages sustained when a


water plug installed by the defendants sprung a
leak and doused the plaintiff’s house. The plug had been installed 25
years prior to the incident, which was
caused by the extraordinarily cold weather. Prior to the incident
there had been no problems with the plug.

Principle laid down: Negligence

Judgement: It was held that Birmingham Waterworks Co. Had


done everything a reasonable person would have
done in the situation.There was no negligence as there had been no
breach of duty. It was simply stated an
accident.Baron Alderson quoted, “ Negligence is the omission to do
something which a reasonable man guided
upon those considerations which ordinarily regulate the conduct of
human affairs , would do, or doing something
which a prudent and reasonable man would not do.”

6. P & O Steam Navigation Co. V/s Secretary of


State for India, 1861-

Facts: In this Case , the Plaintiff’s servant was travelling in a


carriage, driven by two horses through the
Kidderpore Dockyard. Due to negligence of the defendant’s
(Dockyard’s) servant, an iron-rod hit the plaintiff’s
servantand the horses were injured.the plaintiff sued the defendant.

Principle laid down: Sovereign: Non-Sovereign Dichotomy

Judgement: The Supreme Court, through Peacock CJ, did not


agree with the contention of the defendant
pleading immunity on the ground that they were engaged in a ship
repair process, managed by the East India
Comapny to which sovereign powers were accorded. The Court drew
a line between sovereign power and non-
sovereign power. Though the Crown accorded the sovereign status
to the East India Comapany, ship repairing
was a commercial activity which could be carried on aby a private
person, and hence it is non-sovereign and the
defendant company was held liable.

7. Rylands V/s Fletcher, 1868-

Facts: The defendants employed an independent contractor for


construction of a reservoir on his land for supply
of water to his mill. While constructing the reservoir, the workers
found some old shafts and passages beneath
the reservoir. They filled them with mud and completed the work
negligently. When the reservoir got filled with
water, it bursts through the shafts and flooded the plaintiff’s coal
mines on the adjoining land. The plaintiff sued
the defendant.

Principle laid down: Strict Liability- Blackburn Justice evolved


this principle on the basis of the underlying
principle ,” Sic utere tuo at alienum non laedas” which means ,”
everyone must so use his own as not to damage
another.”
Judgement: Blackburn J. Evolved the rule of Strict Liability and
held the employers liable irrespective of the fact
of existence of the relation of an employer and an independent
contractor wherein the employer is not liable for the acts
of an independent contractor.
8. Nicholas V/s Marshland, 1875-

Facts: In this case, the defendant had constructed three artificial


lakes by damming up a natural stream. There
was an extraordinary rainfall and the excessive flow of water from
defendant’s lakes washed away four bridges
that belong to the plaintiff. The plaintiff sued the defendant.

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