Vaughan v. Taff Vale Ry.
D’s locomotive spark destroyed P’s woods. P complained to D b4. 4-5 fires since RR, none in memory b4. D took all necessary precautions, ordained by legl to be train.
CU (Common usage): Leg Sanctioned RR; trains common usage and not ultrahazardous.
PPR (P participated in risk):P farmer took no steps to clear dry brush near tracks (contributory neg.)
Koos v Roth
D farmer burns field, fire spreads to P's crop. Fire chief: 1/8 such burnings=>fire, even w/precaution (plow protective strip)
UA 1/8 chance=unavoidable risk, starting large fires=ultrahazardous. Grass field burning not CU, even tho common practice in area.
Boynton v. Fox Denver Theaters, Inc
D cinema's emps burned trash (popcorn boxes) in back alley metal drums, spreads to P's adjacent garage. D burned for a year b4.
CU: Burning Trash=common use and not ultrahazardous
Guille v. Swan
D crashed in hot air balloon in P's garden, crowd following entered and FSU.
Balloon=new tech, ultrahazardous, not common usage. Crowd trespass=foreseeable
Crist v. Civil Air Patrol, Inc
D's plane crashes into P's lawn. No survivors, flight log lost in wreck.
CU: planes=common usage;not new tech=>safe to fly
Rylands v. Fletcher
D's contractors digging reservoir ignore abandoned tunnels below, P's mine flooded when res filled.
Collected and kept something dangerous that escaped from one property to another
Blackburn’s Rule: Collects on land for his own purpose something unnatural that if escapes likely to do mischief
Reservoir not natural use of land
Tenant v. Goldwin
D's poop seeps thru shared cellar wall, spoils P's ale
ATI: Poop dangerous and filthy, escaped
Carstairs v. Taylor
P tenant's rice stores flooded after rat chews thru D's drainage sys water box inspected 4 days prior. Sys the standard for the time. P had cotton stores on higher floor.
MU: rain collect for mutual benefit; rat=3rd party/borderline VM; D didn't pour.
Nichols v. Marsland
D's ornamental pools flood during historic storm, destroy P county's bridges. D's water flow mechanisms not updated/repaired for a few years. No such overflow b4.
VM Sever storm caused damage=act of god/vis major; not collection, just artificial diversion
Rickards v. Lothian
3rd party clogs drains, runs water in D's building. P=tenant.
Damage caused by 3rd party (D powerless to prevent ATI=>VM); indoor plumbing=common use/mutual benefit
W.H. Smith & Son, Ltd. v. Daw
D's sewage pipe burst, floods P's premises. Pipe connected to P's prop
Poop not collected, was flowing in pipe; MU=P used pipe to mutual benefit; CU=sewage pipe is common usage
Bunyak v. Yancey
D dairy farmer's manure pool overflows into P's ponds. D built pool for manure.
Collected mad poop that escaped; mad poop=ultrahazardous; not common use of land
Mcgregor v. Barton Sand
Sliding water, debris from D's artificial pools for gravel mining causes injury to P. Spillage issues clear b4 P bought land. D explored repairing, didnt. Experts: dug trenches would help, unclear where to trench tho.
UA: Same as Rylands/Bunyak. ultrahazardous nature of activity not impacted by common usage or appropriateness of location.
UA: sliding debris ultrahazardous
Walker Shoe Store v. Howard’s Hobby Shop
D’s heating oil tank burst. fire spread to P's adjoining store. D regularly inspected heating tank.
Heating oil common usage at time; accident unforeseeable; oil itself didn't escape
Delano v. Mother’s Super Market
P slips on ice in D's parking lot in AM. D's gutter made ice pool under last night's snow.
Gutter not UA, is CU;obvi no escape/ATI cross prop lines; weather uncontrollable;PPR: P coulda watched her step
Albig v. Municipal Authority
D's public reservoir bursts, floods P's basement. Floor of res not inspected for 70 years, cracks b/c other D's coal mine beneath.
Public reservoir used for public/mutual benefit
Transco p.l.c. v Stockport Metropolitan Borough Council
D’s burst water pipe exposed P's gas pipeline by sinkhole, leaving pipe unsupported. P fixed.
Pipe was natural use of land despite being larger than normal bc plumbing; P shoulda insured against risk; sinkhole not escape; damage due to unforeseeable event
Losee v. Buchanan
D factory's steam boiler explodes, sends shrapnel flyin, damage to buildings.
Steam boilers necessary for industry=>common use bc industry=public benefit
Powell v. Fall
Spark from D's road train ignites P's adjacent haystack.
Road trains=new tech so UA over CU; D couldnt take precaution
Sullivan v. Dunham
Girl hit by tree removed by dynamite 400ft from road
Davis v. Niagara Falls Tower Co.
D observatory tower drops mad ice on P's adjacent museum roof every thaw
ATI: Ice collected on D's land; Allowing ice to fall=UA