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The rule in Rylands has been approved by the House of
Lords in the recent decision in Cambridge Water Company v.
Eastern Counties Leather, PLC [1994 (2) W.L.R.53]. The
plaintiff, Cambridge Water Company, was a statutory
corporation engaged in providing public water supply within
a certain area including the city of Cambridge. It was
lifting water from a bore well situated at some distance
from Sawstyn. The defendant-company, Eastern Leather, was
having a tannery in Sawstyn. Tanning necessarily involves
decreasing of pelts. For that purpose, the defendant was
using an oregano chlorine called P.C.E. P.C.E. was stored in
a tank in the premises of the defendant. The plaintiff's
case was that on account of the P.C.E. percolating into the
ground, the water in its well became contaminated and unfit
for human consumption and that on that account it was
obliged to find an alternative source at a substantial cost.
It sued the defendant for the resulting damages. The
plaintiff based his claim on three alternative grounds,
viz., negligence, nuisance and the rule in Rylands. The
Trial Judge (High Court) dismissed the action in negligence
and nuisance holding that the defendant could not have
reasonably foreseen that such damage could occur to the
plaintiff. So far as the rule in Rylands was concerned, the
Trial Judge held that the user by the defendant was not an
non-natural user and hence, it was not liable for damages.
On appeal, the Court of Appeal declined to decide the matter
on the basis of the rule in Rylands. It relied strongly upon
the ratio in Ballard v. Tomlinson [(1885) 29 Ch.D.115]
holding that no person having a right to use a common source
is entitled to contaminate that source so as to prevent his
neighbor from having a full value of his right of
appropriation. The Court of Appeal also opined that the
defendant's use of the land was not a natural use. On appeal
by the defendant, the House of Lords allowed the appeal
holding that foreseability of the harm of the relevant type
by the defendant was a pre-requisite to the right to recover
damages both under the heads of nuisance and also under the
rule in Rylands and since that was not established by the
plaintiff, it has to fail. The House of Lords, no doubt,
held that the defendant's use of the land was a non-natural
use but dismissed the suit, as stated above, on the ground
that the plaintiff has failed to establish that pollution of
their water supply by the solvent used by the defendant in
his premises was in the circumstances of the case forseable
by the defendant.