Question

LEGAL PRINCIPLE A person, who lawfully brings on something but which though harmless, but mischief if it escapes, must keep it at his and if he does not, he is answerable for all the damage.

FACTUAL SITUATION 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing engineers and contractors. 'B' was the owner of coal mines, under lands, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned shafts and filled them with soil not suspecting that they were abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to the flow of water through the channels connected with B's mine. Is 'A' liable to pay damages for loss caused to 'B'?

पर्याय

• 'A' is not liable because there was no negligence on his part. He was not aware that the reservoir bed was connected to B's

• 'A' is liable to pay damages to '8' because he brought the water on his property which would have caused mischief if it escaped and it did escape

• 'A' is not liable because 'B' never informed him about the existence of B's mines

• 'A' is liable because he hired the services of unqualified engineers

Answer 1

'A' is liable to pay damages to '8' because he brought the water on his property which would have caused mischief if it escaped and it did escape