Trespass (of water) claim on strict liability theory.
Blackburn’s true rule: “The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.” (From appeal to Court of Exchequer Chamber.)
Cairns, L.C.: Strict liability for “non-natural” uses. (From appeal to House of Lords)
Result has stood ever since in U.K.
Widely rejected early on in U.S. in Brown v. Collins and Losee v. Buchanan.
Powell v. Fall (U.K. 1880) Bramwell, L.J.
Locomotive spark caused fire on private property.
Rylands extended from activities on own land to activities on public land.
Stone v. Bolton (U.K. 1950)
Plaintiff injured on public way by cricket ball. Nuisance and negligence theories, not strict liability.
Reasonableness standard for duty of care. No duty to prevent unforeseeable harms.
Negligence concerned with culpability, not fairness.
Collision cases have always followed negligence standard.
Negligence or strict liability based on location of parties (U.K.)