Abuse of Rights - Volume 5 Issue 1 - H. C. Gutterridge. A. 2 0 obj 3 0 obj Acton v. Blundell, in which a mill owner drained off underground water running into the plaintiff’s well, fully illustrate that no action lies fro mere damage, however substantial, caused without the violation of some right. The court said that "to apply that rule under the facts shown here would shock our sense of justice." 354 (Wis. 1903). that, “if a man digs a well on his own field and thereby drains his neighbor's, he may do so unless he does it maliciously.” The court said that “to apply that rule under the facts shown here would shock our sense of justice.” ,a.W.as2. AFG Insurances Ltd v City of Brighton (1972) 126 CLR 655 Acton v Blundell (1843) 12 M & W 324; 152 ER 1223 Alexander v R (1981) 55 ALJR 355 Allen v Snyder [1977] 2 NSWLR 685 Anchor Brewhouse Developments Ltd v Berkley House (Dockland) Development Ltd (1987) 284 EG 625 Attorney General v Good (1825) M'Cle and Yo 286; 148 ER 421 273 0 obj <>/Filter/FlateDecode/ID[<2F7C0A760761C1FF317C592510C63448><2993F089DA652748BF324EB35CDC2483>]/Index[260 26]/Info 259 0 R/Length 73/Prev 250894/Root 261 0 R/Size 286/Type/XRef/W[1 2 1]>>stream Case opinion for TX Supreme Court SIPRIANO v. GREAT SPRING WATERS OF AMERICA INC. Read the Court's full decision on FindLaw. {. 1843), 12 M. W. 324, 152 Eng. v. Adamson [1974] WAR 27: 6 at 280; see City of Sherman v… endobj Rep. 1223 (Ex. 146, 81 S.W. 1223 (Ex.1843), that, "if a man digs a well on his own field and thereby drains his neighbor's, he may do so unless he does it maliciously." Whether groundwater flowed through a known and defined channel was therefore a threshold question for judicial resolution of disputes between users ofgroundwater, but until the development of effective means for exploiting The ruling adopted in Acton v. BlundellI was that a landowner owns everything below the surface of his land2 so that, regardless of the effect on other owners, he may take and dispose of whatever lies be- neath-including underground water. ?eŠ���?ΪZ��i��Ƌ�,sr��F��'Ͽ��hZ=+Z̽��z�Bs��@��o�s:!9��ٺAVY�yA)� �����s����P��a��2o��A�2��<5�q�����ὼ�������,��v�%��/��؇�΃ÇH�� A�ˀp>�}0�O��?&�&�ܡ����0�s,&��+��Ō����w�n>ǭgHC/� ����-6(meC���V`�A�i�N�����G�݁. No. The theory of the abuse of rights is one which has been rejected by our law, with the result that the ancient brocard ‘ dura lex sed lex ’ finds its most vivid illustration in the present-day decisions of the Anglo-American Courts. The owner of a well, on land near to but not on the line of the Washington aqueduct, which was destroyed in the construction of that work, may recover its value from the United States in the Court of Claims under the provisions of the Act of July 15, 1882, 22 Stat. 279 (1904). 0 APPEAL BY PETITION PURSUANT TO RSA 541 AND SUPREME COURT RULE 10 State of New Hampshire Supreme Court NO. Ch. . It may be noted that the Court of Civil Appeals gave its approval to the holding of the Vermont court that the right to take percolating water was 'limited to the amount necessary for the reasonable use of the land, as land,' suggested that to apply the 'English' rule to the facts of the case 'would shock our sense of justice,' and spoke of the rights of adjoining owners as 'correlative.' endobj an open question by Sir LANCELOT "SHADWELL, V. C., in Hammond v. Hall (184O), 10 Sim. old English case, Acton v. Blundell, 152 Eng. <> Acton v. Blundell, 9. and concluded that ... groundwater districts, a summary of the major issues to be considered include the following: 1) Familiarize Yourself With the District: As a general statement, all groundwater districts are subject to Chapter 36, T. The East Case The seminal Texas groundwater case on the common law rule of capture is Houston & T.C. States that retain the rule generally as the ad coleum doctrine and its origins are traced to Acton v. Blundell.3 A quick summary of the details of this case is that in excavating a coal mine the defendant interrupted subsurface water flows to the plaintiff’s well. 168, c. 294. The court also noted the contrary English doctrine laid down in Acton v. Blundell, . Acton v. Blundell (1843) 12 M.& W. 324~ 152 ER 1223: 360, 361 Adamsonv.Hayes (1973) 130CLR 276: 5,229,230 Airlines AirsparesLtd. Railway Co. v. East, 98 Tex. %���� �@��p� The rule of capture or law of capture is common law from England, adopted by a number of U.S. jurisdictions, that establishes a rule of non-liability for captured natural resources including groundwater, oil, gas, and game animals.The general rule is that the first person to "capture" such a resource owns that resource. Lord Chief Justice Tindal said: The court also noted the contrary English doctrine laid down in Acton v. Blundell, 12 M. & W. 324, 152 E.R. h�bbd``b`��@�q?�`�b�L� V�� bɀ�8w�8 See, also, Note, Establishing Liability for Damage Resulting From the Use of Underground Percolating Water: Smith-Southwest Industries v. 285 0 obj <>stream 2004-0601 2005 TERM JUNE SESSION APPEAL OF SAVE OUR GROUNDWATER The most common doctrine for groundwater in Eastern and hybrid states is called “correlative rights,” which has essentially the same tenets as riparianism, including the stricter standard for uses off-tract or away from the aquifer. %%EOF The court ruled that the defendant’s ownership of the land sZ���wcY�ϛ7��j�^�~�(fҽ�K��}����`59ldž����r���~����c�$�-�}U&y���T��2�PmR&���,qJ�yB�)��`)K�������������A����! 551. Rep. 1223 (1843)). liberty to draw, and it appears, by the judgment reported, did draw, S,.inn- of fact, the propriety of which we do not in the least question. Rep. 1223. %PDF-1.5 %���� If you believe that there has been some mistake, Click to e-mail our website-security team and describe your case. The English or common law rule, first applied to percolating waters in Acton v. Blundell, 12 Meeson and Welsby's Reports 324 (1843), is to the effect that the person who owns the surface may dig therein and apply all that is there found to his own purposes at his free will and pleasure absolutely, and if, in the exercise of such right, he intercepts and draws off percolating water which collects in his neighbor's … @��g�C�3+��L̬ �,�L l��80l�30_����� ��L�p�a�0��"ۜ�cʐ����|� �f�^ ������g�0 �&�� 324. In Acton v. Blundell, supra, it was held that the owner of the surface might apply subterranean waters as he pleased and that any inconvenience to his neighbor from doing so was damnum absque injuria. Seeing this page because we have detected unauthorized activity surface water, was... 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