FACTS
Under statutory authority, the appellants assumed control of the operations of a corporation established by the 1842 statute, known as the Bradford Waterworks Company. This acquisition occurred under an 1854 act, which granted the company certain privileges and rights, including a piece of land called Trooper Farm for its operations.
The respondent, Edward Pickle’s, land happened to be on a higher level than the Tropper Farm. The steep slope of the respondent’s farm was such that strata of the subterranean water underground his land, by the law of gravitation, eventually found its way to the Tropper Farm. This water was used by the company to supply Bradford’s operations, generating a profit.
In 1892, the respondent began "sinking a shaft" on his land, which altered the natural flow of water, partially preventing it from reaching Trooper Farm, causing the company financial loss. The respondent justified his actions as being part of his efforts to extract minerals. It was well-established that the corporation or appellants had no legal right or interest in the respondent’s land, where the water originated, and from which they had been profiting. Despite this, the appellants filed a lawsuit against the respondent, seeking to stop him from continuing to sink the shaft, arguing that it was negatively affecting their operations. They claimed that the respondent's actions were motivated by malice, and that the shaft was intentionally sunk to cause harm to the corporation.
ISSUES
- Whether Edward Pickles had the legal right to interfere with the flow of underground percolating water on his land, despite the Bradford Corporation’s claim to water rights under the Acts of Parliament.
- Whether the motive behind Pickles’ actions (which may have been to force the corporation to buy his land at an inflated price) was relevant in determining the legality of his actions.
CONTENTIONS
Appellant
- Claimed statutory rights to the water flowing through Pickles' land based on the Bradford Corporation Waterworks Act 1854.
- Argued that Pickles’ actions were an illegal interference with their right to the natural flow of water.
- Asserted that Pickles’ motive to extract a financial benefit from the corporation made his actions particularly malicious.
Respondent
- Argued that as a landowner, he had the right to control percolating water on his property, including diverting it.
- Claimed that his actions were lawful, regardless of his motives.
- Contended that the Bradford Corporation did not have any legal rights to the water under common law that would override his landowner rights.
RATIO DECIDENDI
- The House of Lords ruled that Edward Pickles had the legal right to divert the underground percolating water on his land.
- The court emphasized that the respondent’s actions were lawful under common law, and his motive, whether malicious or not, was irrelevant to the legality of his actions.
- This is a case of damnum sine injuria where even though the damage is caused but unless it is a legal injury, no damages can be given to the plaintiff. If the act done is a lawful act then the state of mind of the defendant is irrelevant. If it is an unlawful act however good his motives are, the defendant has no right to do it.
JUDGMENT
- The House of Lords dismissed the appeal and upheld the decision of the Court of Appeal.
- The court affirmed the landowner’s rights to control percolating water on their land.
- Even if Pickles’ motive was to force the Bradford Corporation to purchase his land at a higher price, his actions were lawful and could not be challenged solely on the basis of his intent.
- The statutory rights claimed by the appellants did not extend to overriding the common law rights of the landowner regarding percolating water.
COMMENTARY
- The Mayor of Bradford v. Pickles is a landmark case in English property and tort law. It established the principle that the motive behind an action is irrelevant if the action itself is lawful.
- The case reinforces the importance of property rights, particularly the rights of landowners to manage natural resources on their land.