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This contention is based upon doctrine announced in the English case of Rylands v. Fletcher, 1 E. R. C. 236, L. R. 3 H. L. 330, 37 L. J. Ex. 161, 179 L. T. (N. S.) 220. That decision was held...allegations of negligence irrespective of negligence on the part of defendant. A true rule was thereby stated. The common-law rule stated in the Rylands-Fletcher Case was quoted in the Sims Case to the...Case, there has been in the development of American jurisprudence some refinements and departure from the rule stated in the Rylands-Fletcher Case in England nearly three-quarters of a century ago. An...
...Rylands v. Fletcher, L.R. 1 Ex. 265 (1866), aff'd, L.R. 3 H.L. 330 (1868). An early decision of the former Supreme Court, Marshall v. Welwood, 38 N.J.L. 339... (Sup.Ct. 1876), however, rejected Rylands v. Fletcher. But see City of Bridgeton v. B.P. Oil, Inc...either Marshall v. Welwood or Rylands v. Fletcher, this Court adopted the proposition that "an ultrahazardous activity which introduces an unusual danger into the community...
...applicability of the decision of the English courts in Rylands v. Fletcher, L. R. 3 H. L. 330. The doctrine of this case is correctly stated in the notes to 15 L. R. A. (N. S.), p. 541, as follows...:
"In Rylands v. Fletcher, L. R. 3 H. L. 330, Affirming L. R. 1 Exch. 265, which is the leading case, the plaintiff was the lessee of mining privileges which had passages..., became the rule of decision in England and in some of the American courts. (See Thompson on Negligence, Vol. 1, secs. 697 to 703, inclusive.) In a qualified sense, therefore, Rylands v. Fletcher may be...
...a rule now generally credited to the English case of Rylands v. Fletcher, L.R. 1 Exch. 265, decided in 1866, wherein the court announced a rule as follows: "We think that the true rule of law is, that...for tort is limited to ultrahazardous activities as defined in Chapter 21. The Restatement has apparently tried to avoid some of the controversy concerning the case of Rylands v. Fletcher by inserting a...which a large body of water or other fluid is collected is or is not an ultrahazardous activity." The facts in the Rylands-Fletcher case had to do with the collection of water in a large reservoir which...
.... The "common-law principle" referred to was originally announced in the English case, Fletcher v. Rylands, 3 H. C. 774, 159 Eng.Rep. 737 (Ex.... 1865), reversed in Fletcher v. Rylands, L.R. 1 Ex. 265 (1866), affirmed in Rylands v. Fletcher, LR 3 HL 330 (1868). Those were years during which this country was involved in a civil war and its...permitted its water to escape and do damage to the neighbors?
Rylands v. Fletcher examined:
What was the rule of Rylands...
...considerations of fault on the part of the defendant. After careful consideration, we conclude that strict liability as enunciated in the case of Rylands v. Fletcher, L.R. 3 H.L. 330, is, and...the existing law but said, in essence, that strict liability (apart from negligence) as expounded in Rylands v. Fletcher, L.R. 3 H.L. 330, is not and never has been the law of this...Commonwealth. Indeed, the judge seems to question whether Rylands v. Fletcher itself was based on strict liability. This view was expressed in the face of explicit language to the contrary in...
...must prove negligence in order to recover fails to take into account the doctrine of strict liability imposed by the rule of Rylands v. Fletcher...character of that place and its surroundings." Prosser, Torts (3d ed. 1964) § 77 at 522. See also Prosser, "The Principle of Rylands v. Fletcher" in "Selected Topics on the Law of Torts...), "[It is] merely a right thing in the wrong place — like a pig in the parlor instead of the barnyard."
Fletcher v. Rylands...
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I.
We first address the claim for strict liability. The Snows assert the City is liable for the damage to their house under the rule in Rylands v. ...the opinion of Blackburn, J., in the Exchequer Chamber. See Fletcher v. Rylands (1866) L.R. 1 Ex. 265, 279. It is generally regarded as the classic formulation of the rule. The House of Lords...." Rylands v. Fletcher, supra, at 340. Lord Cairns observed that the rule applied because the defendants, for their own purposes, had made a "non-natural" use of their land. He distinguished cases...
.... Rylands (1866) L.R. 1 Ex. 265, Rylands v. Fletcher (1868) L.R. 3 H.L. 330. Count II was founded upon the doctrine of res ipsa loquitur. Count III contained allegations of specific acts of negligence. The...the theory of strict liability.
III. Plaintiffs argue the facts in this case are such that the doctrine of Fletcher v. Rylands imposing strict liability, or liability without fault...consequence of its escape." Fletcher v. Rylands (1866), L.R. 1 Ex. 265, 279, 280.
On appeal to the House of Lords this broad statement was limited to a "nonnatural" user of the land as...
...restore a public beach in a resort area, is strictly liable under the doctrine of Rylands v. Fletcher, L.R., 3 H.L. 330 (1868), to the owner of a nearby hotel for financial losses due to guest...conceivable abnormal risk of harm posed by the machine, we conclude that the doctrine of Rylands v. Fletcher is wholly inapplicable to this case. We accordingly reverse the order under review and...undisputed material facts in the record showed that the defendant Great Lakes was liable to the plaintiff under the Rylands v. Fletcher doctrine of strict liability for ultrahazardous or abnormally...
...of Rylands v. Fletcher, L.R. 3 H.L. 330, i. e., under a theory of absolute or strict liability?
There is no material dispute as to the facts. Mr. and Mrs. Joe Finkbeiner, the...1868 English case of Rylands v. Fletcher, L.R. 1 Ex. 265, aff'd L.R. 3 H.L. 330, the defendant constructed a reservoir on the site of an abandoned mine. Water seeped into the mine and thence into shafts...early English cases, the doctrine of Rylands v. Fletcher was used to impose liability in factual situations somewhat similar to that existing in the case at bar. See Charing Cross Electric Supply Co. v...
...doctrine of strict liability, derived from the rule of Rylands v. Fletcher. See Baltimore Breweries Co. v. Ranstead...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." Fletcher v. Rylands, L.R. 1 Ex. 265, 279 (1866...). Rylands involved damage to the plaintiff's coal mine resulting from the escape of water from the defendant's reservoir.
Fletcher...
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Plaintiff relies on the rule of Rylands v. Fletcher and Restatement of Torts § 519.... The modern version of the Rylands v. Fletcher type of strict liability is applicable in situations in which social policy requires the defendant to make good the harm which results to others....
Fletcher v. Rylands, 3 HC 774, 159 Eng Rep 737 (Ex 1865), reversed in Fletcher v. ...
...authorities bearing on the point.
The early leading English case of Rylands vs. Fletcher (1866) L.R. 1 Ex. 265 was one where the defendants constructed a reservoir on land separated from...reasonably have been anticipated is to say that it is the act of God."
In Pollock on Torts (14th Ed.) 393 it is said:
"the rule in Rylands v. Fletcher has.... Marsland case aforesaid is cited.
The author of a monograph in 1 Can. Bar Review 140-147, 57 Am. L. Rev. 549 concerning the rule in Rylands vs. Fletcher supra and its limitations...
.... Rylands, 3 HC 774, 159 Eng Rep 737 (Ex 1865), reversed in Fletcher v. Rylands, LR 1 Ex 265 (1866), affirmed in Rylands v. Fletcher, LR 3 HL 330 (1868). Restatement of Torts § 520...).
Historically, the strict liability rule of Rylands v. Fletcher, supra, is applied when an activity creates an abnormally dangerous condition, or by its nature presents extraordinary risk....
"Ultrahazardous" is the term used by the Restatement of Torts to denote those activities which lead to strict liability under the rule of Fletcher v...
...consideration of the doctrine of strict liability for the hazardous use of one's land which was first announced in Rylands v. Fletcher, 1868, L.R. 3 H.L. 330. In that case the defendants, who were millowners...the early American decisions approving the strict liability doctrine of Rylands v. Fletcher.
There are two reported circuit court decisions on the subject, both coincidentally...of Rylands v. Fletcher in Ague v. American Agricultural Chemical Company, Cir. Ct. Hillsborough Co. 1953, 5 Fla. Supp. 133. Yet, sixteen years later the same court in Caldwell v...
...of negligence or on the theory of Rylands v. Fletcher, (1868) L.R. 3 H.L. 330...case of Rylands v. Fletcher as a matter of law an extra hazardous activity?
"Mr. Banta: If it breaks loose on the fellow below, but not if you're using...it * * *."
Defendant regards the foregoing as demonstrating that Rylands v. Fletcher was uppermost in the court's mind in reaching its conclusion...
...basis of its dicta because it did not understand what was held by the classic case of Rylands v. Fletcher, L.R. 3, H.L. 330 (1868), and because Texas yet recognizes the doctrine of strict liability under...cases of isolated explosion within the orbit of Rylands v. Fletcher, whether we name it absolute liability, nuisance, or something else. Kelly v. McKay...the following statement: 'The storage and use of explosives is clearly within the rule of absolute liability laid down in Rylands v. Fletcher (L.R.3, H.L.330); but as to these, we have also changed...
...in the operations examined."
It is the contention of the appellant that the doctrine enunciated in Rylands v. Fletcher, L.R. 1 Exch. 265, decided in 1866, and affirmed...two years later in Fletcher v. Rylands, L.R. 3 H.L. 330, upon which the trial court based its decision, should not be applied to the facts of this case..., 158 Minn. 509, 197 N.W. 971, wherein the doctrine of Rylands v. Fletcher, supra, was applied in favor of a plaintiff whose property had been damaged as a...
...defendant city. Under substantially the same facts as the present case, the trial court, sitting without a jury, found the city liable under the doctrine of Fletcher v. Rylands, L.R. 1 Ex. 265 (1866...of strict liability for conditions and activities had its beginnings in Fletcher v. Rylands, supra, wherein water escaped from a reservoir a landowner kept on his property and damaged...neighboring coal mines. The landowner was found liable without a showing of fault. The English court set out the rule, which many United States courts have cited as the rule of Fletcher v. Rylands...