). 275, and then it is evidently synonymous with the following words in a parallel passage in sect. By sect. In Bradford Corporation v Pickles, the House of Lords held that a lawful and reasonable act does not become an unreasonable interference merely because it has been done with an evil motive. If the act, apart from motive, gives rise merely to damage without legal remedy or right, the motive, however reprehensible it may be, will not supply that element” Bradshaw [1878] 14 Cox CC 83 Criminal Law In the first place, the section says that, "After the Many Wells Springs have been purchased by the company, it shall not be lawful for any person other than the said company to divert, alter, or appropriate in any other manner than by law they may be legally entitled any of the waters now supplying or flowing from the same." D had the water diverted (so as to make P pay for it), rendering the dam useless. buildings or even personal injury". Sweet stated that this “opinion is guided by the principle that legal consequences should not attach to the consumption of hamburgers and other fast food fare unless consumers are unaware of the dangers of eating such food.” I desire, however, to say that I cannot assent to the law of Scotland as laid down by Lord Wensleydale in Chasemore v. The only remaining point is the question of fact alleged by the plaintiffs, that the acts done by the defendant are done, not with any view which deals with the use of his own land or the percolating water through it, but is done, in the language of the pleader, "maliciously." In cases of nuisance a degree of indulgence has been extended to certain operations, such as burning limestone, which in law are regarded as necessary evils. They say that under the circumstances the operation which Mr. Pickles threatens to carry out is something in excess of his rights as a landowner. The chief source of their water supply was taken over from the company. I therefore concur in the judgment which has been moved by the Lord Chancellor. His action was lawful and even though he had improper motive, did not make his action unlawfulHollywood Silver Fox Farm Ltd v Emmett 1936 - after a dispute, the defendant fired guns on his own land to interfere with … Click here to remove this judgment from your profile. It appears to me to be exceedingly improbable that the Legislature should have intended to deprive a landowner of part of his property for the benefit of a commercial company without any provision for compensating him for his loss. The facts that are material to the decision of this question seem to me to lie in a very narrow compass. 38, No. [5] On February 14, 2020, Miller filed a motion for leave to amend the complaint And it will be more convenient to deal with the earlier Act. But the appellants pleaded at your Lordships' Bar, as they did in both Courts below, that the principle of Chasemore v. Richards(1) is inapplicable to the present case, because, in the first place, the operations contemplated and commenced by the respondent are by statute expressly prohibited; and, in the second place, these operations were designed and partly carried out by the respondent, not with the honest intention of improving the value of his land or minerals, but with the sole object of doing injury to their undertaking. VI. Shepherd Homes Ltd v Sandham [1971] Ch 340; Suggest a case What people say about Law Notes "Listening to the facts and ratio of the cases online, on the go, it is so much easier than trawling through confusing case notes, and perfect for students with a busy life!" I see nothing in the statutes to interfere with or prejudice his legal rights. The natural interpretation of such language seems to me to be this: that whereas the generality of the language of the section might apply to any alteration or appropriation of waters supplying or flowing from the streams and springs called "Many Wells," the section only intended to protect such streams and springs and supplies as the company should have acquired a right to by purchase, compensation, or otherwise, but in such-wise as should vest in them the proprietorship of the waters, streams, springs, & c. And lest the generality of the language should give them more than that to which they had acquired the proprietary right, the legal rights of all other persons were expressly saved; and upon this assumption the latter part of the section makes penal the illegal diversion, alteration, or appropriation of any streams, & c., of which, by the hypothesis, the company had become the proprietor. But it is not necessary to rely upon probabilities, because, in my opinion, the language of the clause is incapable of bearing such an interpretation. Get 2 points on providing a valid reason for the above HL held that D was entitled to do so. They say that under the circumstances the operation which Mr. Pickles threatens to carry out is something in excess of his rights as a landowner. 233 the company were authorized to divert or alter the course of a certain beck called Hewenden Beck, which is a tributary of the River Aire, "and also to divert and take the water from" the Many Wells Springs, described as "the springs and streams of water called Many Wells, arising or flowing in and through … Trooper or Many Wells Farm.". They cannot dispute the law laid down by this House in Chasemore v. But, speaking for myself, I rather take leave to doubt whether the section of the special Act on which the question turns is so unsatisfactory, so ill-drawn, and so difficult to construe as it seemed to be to the Court of Appeal. If his motives were the most generous and philanthropic in the world, they would not avail him when his actions were illegal. The Act of 1842 scheduled certain lands which the company were empowered to take. These are available on the site in clear, indexed form. It is not an uncommon thing to stop up a path which may be a convenience to everybody else, and the use of which may be no inconvenience to the owner of the land over which the path goes. On this point both North J. and the Court of Appeal decided against the corporation. They were empowered to do so by an Act of Parliament passed in 1854, which authorized and required them to purchase the undertaking of a then existing company called "The Bradford Waterworks Company.". I am of opinion that the act which Mr. Pickles proposes to do is not within either of the two classes of prohibited acts mentioned in sect. PICKLES AND THE BRADFORD WATER SUPPLY By Michael Taggart Oxford University Press, Oxford, 2002 260~~ M ISBN 019925687 ost lawyers are aware of the decision in Bradford v pickles,' although fewer are aware of the context of the case. * Enter a valid Journal (must This brings me to the 49th section of the statute 17 & 18 Vict. Get 1 point on adding a valid citation to this judgment. In this innocent enterprise the Court found a sinister design. If the act, apart from motive, gives rise merely to damage without legal injury, the motive, however reprehensible it may be, will not supply that element. If it was an unlawful act, however good his motive might be, he would have no right to do it. There is a boundary to the west of his farm, adjacent to which the respondent has a land. 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