Fletcher v. Bealey

28 Ch.D. 688 (1885)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P manufactured fine paper, and that required large quantities of water. P pumped the water from the River Irwell, filtered and then returned the water after use to the river. Ds were alkali manufacturers whose industrial waste included vat waste. Ds were upstream from P and until 1881 carted the vat waste and dumped it in the river. In 1881, there were enjoined by the city from dumping. Eventually, they leased land from the railroad that was 1.5 miles above P and then deposited their waste on that land at the rate of 1000 tons per month. P was worried that eventually, it would destroy the environment from seepage, which would find its way into the river and then make that water unsuitable for paper production. D has assured P that no appreciable quantity will find its way to the river. There was no allegation that P had received any injury from Ds’ operation. P by his writ claimed an injunction to restrain Ds from sending 'vat waste,' or refuse, or other matter whatsoever, from their chemical works, or otherwise, into the river, or on to the ground adjacent thereto, or in any way so as to pollute the water to his injury. Evidence showed that when a heap of 'vat waste' had been deposited there would after a time flow from it a greenish liquid of a very noxious character. It was admitted that if this liquid was present in the water in any appreciable quantity, it would render it entirely unfit for use in P's manufacturing process. The liquid could not be expunged from the water by filtration.