D owned a mill. In order to supply it with water, they leased some land from Lord Wilton and built a reservoir on it.
D employed an engineer and contractor to build the reservoir.
The reservoir was built upon P's mine and eventually caused the mine to flood.
D was not negligent in building the mine; the engineer and contractor were.
P sued D under a strict liability theory.
Procedural History:
First English Court found for P.
Court of Exchequer affirmed, found for P.
Court of Exchequer Chamber affirmed, found for P.
Issues:
Is a D liable under strict liability for harm resulting from the abnormal or non-natural use of land?
Holding/Rule:
A D is strictly liable for harm resulting from the abnormal or non-natural use of land.
Reasoning:
Even if a D is found strictly liable because of harm resulting from non-natural use, D may excuse himself by showing that the P caused the harm or that the harm was caused by an act of God.
