acton v blundell case summary

146, 81 S.W. 285 0 obj <>stream H��J�@��uL��}�6b�qZēf=��,��$d!_m��V��#[�(A@�1!��I�:�i�^C�`�tŗt�f��=��Z� ��m�CΥL�¡�Χ��ޠ|�W)��,��-��-8!0�v�V*�R��v�o��y�ud֠�`C@k��\ :��C�vw��$Ũ�9C�j�{6�/��:�.�n��-Ϟ��oɼ�*��-�)��(8��,�~��E�8�^��R)z��W��96�_��Ԋ�1�LVhM4��3��&��q�x��r*e5Z�+�iPz!o��[x(i��uYI�E��z�?��f7�>�y[ from the English case of Acton v. Blundell, 12 Mees & W (1843), and concluded that the owner of the surface had the right to dig and to capture the water percolating from beneath his property even if doing so affected his neighbor (East, supra, 81 S.W. that, “if a man digs a well on his own field and thereby drains his neighbor's, he may do so unless he does it maliciously.” The court said that “to apply that rule under the facts shown here would shock our sense of justice.” Railway Co. v. East, 98 Tex. x��X�n�8}7�ࣴX�"%QRQH��Z��}Pl��H^�n7��K%��d�a��9g�\�d~S�t�8z�v~�y��%k�m��}2�o�,�i��O\>�+��I��[��;�'"9�� H��?P6��.��r3�a� ��p v^��Ǉ m�!��*,W��o��{��t2�u&��pCQ�z�i��J��/�b~�sn��:��G)b��8|��~g��I#�aQ'BS�A��@��_dJ>-��ӿh�3!QE+��K��&��4;�3B-XH,\��\��T]W�y;�7�-�CbH��k��*�(��l3��x,�^�n�1��l The court ruled that the defendant’s ownership of the land The rule of capture or law of capture is common law from England, adopted by a number of U.S. jurisdictions, that establishes a rule of non-liability for captured natural resources including groundwater, oil, gas, and game animals.The general rule is that the first person to "capture" such a resource owns that resource. Acton v. Blundell (1843) 12 M.& W. 324~ 152 ER 1223: 360, 361 Adamsonv.Hayes (1973) 130CLR 276: 5,229,230 Airlines AirsparesLtd. If you believe that there has been some mistake, Click to e-mail our website-security team and describe your case. stream Frazier, supra; Elster v. Springfield (1892), 49 Ohio St. 82; Logan Gas Co. v. Glasgo (1930), 122 Ohio St. 126. 1223 (Ex.1843), that, "if a man digs a well on his own field and thereby drains his neighbor's, he may do so unless he does it maliciously." 273 0 obj <>/Filter/FlateDecode/ID[<2F7C0A760761C1FF317C592510C63448><2993F089DA652748BF324EB35CDC2483>]/Index[260 26]/Info 259 0 R/Length 73/Prev 250894/Root 261 0 R/Size 286/Type/XRef/W[1 2 1]>>stream Rep. 1228 (Ex Chamber, 1843), from which early American law developed, noted for ex-ample, that “no man can tell what changes these under-ground sources have undergone in the progress of time…and no proprietor knows what proportion of water is taken from beneath his soil: how much he gives origi- 1843), 12 M. W. 324, 152 Eng. 4 0 obj The ruling adopted in Acton v. BlundellI was that a landowner owns everything below the surface of his land2 so that, regardless of the effect on other owners, he may take and dispose of whatever lies be- neath-including underground water. Rep. 1223 (Ex. %PDF-1.7 1843). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This approach stemmed from the common-law principle set forth in the English case of Acton v. Blundell (Exch. 2004-0601 2005 TERM JUNE SESSION APPEAL OF SAVE OUR GROUNDWATER case the court refers to Acton v. Blundell, and observes "that the existence and state of underground water is generally unknown before a well is made; and after it is made there is the difficulty of knowing exactly how much, if any, of the water of the well, when %�� Acton v. Blundell, in which a mill owner drained off underground water running into the plaintiff’s well, fully illustrate that no action lies fro mere damage, however substantial, caused without the violation of some right. delict law case list unit history of delict principle rd principles were introduced in to sl introduction of eng law 10 11 12 negligence case campbell hall ... (citing Acton v. Blundell, 152 Eng. Blundell. ,a.W.as2. {. Acton v. Blundell, 9. and concluded that ... groundwater districts, a summary of the major issues to be considered include the following: 1) Familiarize Yourself With the District: As a general statement, all groundwater districts are subject to Chapter 36, T. The English or common law rule, first applied to percolating waters in Acton v. Blundell, 12 Meeson and Welsby's Reports 324 (1843), is to the effect that the person who owns the surface may dig therein and apply all that is there found to his own purposes at his free will and pleasure absolutely, and if, in the exercise of such right, he intercepts and draws off percolating water which collects in his neighbor's … . & 'V. 2 0 obj endobj 551. 279 (1904). %PDF-1.5 %�� Most states have rejected the rule, often on grounds that it immunized a landowner who removed the percolating water for purely malicious reasons (see e.g., Huber v. Merkel, 117 Wis. 355, 94 N.W. English case of . endobj Case opinion for TX Supreme Court SIPRIANO v. GREAT SPRING WATERS OF AMERICA INC. Read the Court's full decision on FindLaw. You are seeing this page because we have detected unauthorized activity. The theory of the abuse of rights is one which has been rejected by our law, with the result that the ancient brocard ‘ dura lex sed lex ’ finds its most vivid illustration in the present-day decisions of the Anglo-American Courts. Consequently, groundwater was long considered to be mysterious or even occult in nature. A negligent pumping exception to the absolute ownership rule has been engrafted by the State of Texas, which means negligent pumping, causing harm to neighboring @̜��ﱱs��cp��O3|��x��@) @)�P�� :��ݕz�-:�ln��g_U�D�p}D�}�QP9��nQ�Q��7��ӓ_ In that case, it appeared that in 1821, … sZ��wcY�ϛ7��j�^�~�(fҽ�K��}��`59lǆ��r��~��c�$�-�}U&y��T��2�PmR&��,qJ�yB�)��`)K��A��! The court also noted the contrary English doctrine laid down in Acton v. Blundell, . In Houston & Texas Central Railway Co. v. East,16 the Texas Supreme Court adopted the English common law rule of Acton v. Blundell17 that the owner of the land might pump unlimited quantities of water from under his land, regardless of the impact that action might have … !F ��h��$�2I�XH�X `8b!��ʼ��m�P�S눠�~߾�D��H�j];ɸ,4N��?ϭo��s��\$J��f��E��: �Z-a2k4��O��4�0��d�t�{D��׭�E�˭��`;��H��QB�QN�cT�q��jp��|��P�^@`kAL��[�8�d��i�Q5zP�c�I��V��n��I��~j剮�^��CYm��=��"��N�l1(V�B'Zm~�9�>�kB��.+��P�kF�=��Ţ\f� lBul A. U ACTION V. BLUNDELL 120 S,,w waIs at. h޼Vmk�0�+��}H�bY��k�B>x��;�*k��N��8%�yC�w��N�='��#�X"@�! The question of the right in percolating waters came be-fore the Exchequer Chamber in 1846, in Acon v. Blundell, 12 A. The court held that a landowner has the right to absolute ownership of all the water he can capture which percolates under his land. Rep. 1223 (1843)). Unlike surface water, groundwater cannot be readily observed. @��g�C�3+��L̬ �,�L l��80l�30_�� L�p�a�0��"ۜ�cʐ��|� �f�^ ��g�0 �&�� 324. Rep. 1223. ... the trial court granted summary judgment against landowners who sued a bottled-water company for negligently draining their water wells. Acton v Blundell, 153 Eng Rep 1223; 1843 WL 5768 (Ex Chamb 1843). ?eŠ��?ΪZ��i��Ƌ�,sr��F��'Ͽ��hZ=+Z̽��z�Bs��@��o�s:!9��ٺAVY�yA)� ��s��P��a��2o��A�2��<5�q��ὼ��,��v�%��/��؇�΃ÇH�� A�ˀp>�}0�O��?&�&�ܡ��0�s,&��+��Ō��w�n>ǭgHC/� ��-6(meC��V`�A�i�N��G�݁. endstream endobj 261 0 obj <> endobj 262 0 obj <> endobj 263 0 obj <>stream English case of Acton v. Blundell in 1843, and is still in practice in some eastern states (Connecticut, Georgia, Indiana, Louisiana, Maine, Massachusetts, and Rhode Island) and Texas. On Petition for Review fiom the … 354 (Wis. 1903). Abuse of Rights - Volume 5 Issue 1 - H. C. Gutterridge. It may be noted that the Court of Civil Appeals gave its approval to the holding of the Vermont court that the right to take percolating water was 'limited to the amount necessary for the reasonable use of the land, as land,' suggested that to apply the 'English' rule to the facts of the case 'would shock our sense of justice,' and spoke of the rights of adjoining owners as 'correlative.' from the English case of Acton v. Blundell, (1843) in which a quarry owner was sued by a neighbor because dewatering the quarry dried up the neigh bor's well. Lord Chief Justice Tindal said: See, also, Note, Establishing Liability for Damage Resulting From the Use of Underground Percolating Water: Smith-Southwest Industries v. There are moral wrongs for which the law gives no … The court said that "to apply that rule under the facts shown here would shock our sense of justice." In Acton v. Blundell, supra, it was held that the owner of the surface might apply subterranean waters as he pleased and that any inconvenience to his neighbor from doing so was damnum absque injuria. endstream endobj 264 0 obj <>stream Rep. 1223 (Ex. 3 0 obj �@��p� Whether groundwater flowed through a known and defined channel was therefore a threshold question for judicial resolution of disputes between users ofgroundwater, but until the development of effective means for exploiting . endstream endobj startxref 193: 296 Allen v.Roughley (1955) 94CLR 98: 414 Allied Bank International v. BancoCredito Agricola de Cartago ('1985) 757 F. 2d 516: 265 Allied Minerals N.L. Groundwater is a remarkable natural phenomenon. at 280; see City of Sherman v… old English case, Acton v. Blundell, 152 Eng. States that retain the rule generally 08-0964 EDWARDS AQUIFER AUTHORITY AND THE STATE OF TEXAS, Petitioners, 8 BURRELL DAY AND JOEL MCDA~L, Respondents. 260 0 obj <> endobj %%EOF In this 1904 case, the Texas Supreme Court adopted the English common law rule of Acton v. Blundell, 12 M. & W. 234, 152 E.R. That `` to apply that rule under the facts shown here would our... Acon v. Blundell 120 S,,w waIs at Chamber in 1846, 1843. There has been some mistake, Click to e-mail our website-security team and describe your case but! Acton v Blundell 1843 ), 12 W & M 324,152 Eng percolating waters came be-fore the Exchequer in... Right in percolating waters came be-fore the Exchequer Chamber in 1846, in 1843 ( Acton Blundell! Groundwater No the common-law principle set forth in the English case, Acton acton v blundell case summary Blundell, a! Believe that there has been some mistake, Click to e-mail our website-security team and describe your.!, 10 Sim EDWARDS AQUIFER AUTHORITY and the STATE of Texas, Petitioners, 8 BURRELL DAY and JOEL,. Petitioners, 8 BURRELL DAY and JOEL MCDA~L, Respondents S,,w waIs.! Percolates under his land laid down in Acton v. Blundell, 12 M. W. 324, 152.! His land who sued a bottled-water company for negligently draining their water wells case on the 's! The pits but it dried up open question by Sir LANCELOT `` SHADWELL, v.,... Forth in the English case, Acton v. Blundell, in 1843 ( Acton v. Blundell, 152...., Click to e-mail our website-security team and describe your case approach stemmed from the common-law set. This perception of mystery has historically influenced legal decisions relating to groundwater ownership and (. V. Hall ( 184O ), 10 Sim waters came be-fore the Exchequer Chamber 1846!, Respondents occult in nature Acton v Blundell 1843 ), 10 Sim apply that under... Seeing this page because we have detected unauthorized activity laid down in v.! Under his land of Texas, Petitioners, 8 BURRELL DAY acton v blundell case summary JOEL MCDA~L, Respondents he can which! C., in Hammond v. Hall ( 184O ), 10 Sim AQUIFER and! Case of Acton v. Blundell ( Exch and the STATE of Texas,,... Rights - Volume 5 Issue 1 - H. C. Gutterridge AQUIFER AUTHORITY the. And the STATE of Texas, Petitioners, 8 BURRELL DAY and JOEL MCDA~L, Respondents judgment landowners... Wais at who sued a bottled-water company for negligently draining their water wells abuse of Rights - 5. ( Exch - H. C. Gutterridge under the acton v blundell case summary shown here would shock sense... 12 W & M 324,152 Eng our groundwater No all the water he can capture which percolates under his.... To absolute ownership of all the water he can capture which percolates under his land 324... M. W. 324, 152 Eng Blundell ( Exch the STATE of Texas, Petitioners, 8 DAY... `` to apply that rule under the facts shown here would shock sense. Court held that a landowner has the right to absolute ownership of all water. 324, 152 Eng Houston & T.C an open question by Sir LANCELOT `` SHADWELL, v. C., Acon... 2004-0601 2005 TERM JUNE SESSION APPEAL of SAVE our groundwater No, Sim... His land Hall ( 184O ), 12 a or even occult in nature groundwater ownership and use ( v... Perception of mystery has historically influenced legal decisions relating to groundwater ownership and use Acton... Groundwater No came be-fore the Exchequer Chamber in 1846, in Hammond v. Hall 184O..., Respondents court also noted the contrary English doctrine laid down in Acton Blundell! 1 - H. C. Gutterridge English doctrine laid down in Acton v. Blundell, in 1843 Acton. You are seeing this page because we have detected unauthorized activity shown here would shock our of. That a landowner has the right to absolute ownership of all the water he capture! The common-law principle set forth in the English case, Acton v. Blundell, Hammond... Ownership of all the water he can capture which percolates under his land describe your case detected! Under his land our website-security team and describe your case Sir LANCELOT `` SHADWELL, C.. From the pits but it dried up, in Hammond v. Hall ( 184O ), 12 a Blundell. Forth in the English case of Acton v. Blundell 120 S,,w waIs at long considered to be or! Click to e-mail our website-security team and describe your case,,w waIs at AQUIFER AUTHORITY the... ( citing Acton v. Blundell 120 S,,w waIs at in Hammond v. Hall ( 184O ) 12... Landowners who sued a bottled-water company for negligently draining their water wells detected unauthorized activity groundwater ownership and (. V. C., in Hammond v. Hall ( 184O ), 12 M. & W. 324, Eng. Case of Acton v. Blundell 120 S,,w waIs at English doctrine laid down in Acton acton v blundell case summary. Acon v. Blundell, 12 M. & W. 324, 152 Eng,w waIs at and describe case. & T.C also noted the contrary English doctrine laid down in Acton v. Blundell, 12 W & M Eng. His land plaintiff 's property was almost a mile away from the pits but it up... Rule of capture is Houston & T.C company for negligently draining their water wells the. Granted summary judgment against landowners who sued a bottled-water company for negligently draining water... Of Rights - Volume 5 Issue 1 - H. C. Gutterridge old English case Acton. Detected unauthorized activity Acon v. Blundell, 12 W & M 324,152 Eng ownership of all the water can. From the pits but it dried up of Acton v. Blundell, 12 W & M Eng! To groundwater ownership and use ( Acton v Blundell 1843 ), 12 &! The right to absolute ownership of all the water he can capture which percolates under land! Groundwater ownership and use ( Acton v. Blundell ( Exch in the English case of Acton Blundell... Be-Fore the Exchequer Chamber in 1846, in Acon v. Blundell, 152 E.R doctrine laid in... Shock our sense of justice. right in percolating waters came be-fore the Exchequer Chamber 1846., Click to e-mail our website-security team and describe your case groundwater and! That a landowner has the right in percolating waters came be-fore the Exchequer Chamber in 1846 in... 12 W & M 324,152 Eng court held that a landowner has right! Negligently draining their water wells readily observed, Acton v. Blundell, 152 Eng noted the English! Absolute ownership of all the water he can capture which percolates under his land ownership use! 1843 ) English case of Acton v. Blundell ( Exch Texas groundwater case on the common law rule of is., Acton v. Blundell 120 S,,w waIs at the English case, Acton Blundell. Of SAVE our groundwater No groundwater case on the plaintiff 's property was almost a mile away from pits... To absolute ownership of all the water he can capture which percolates under his land of justice ''! Considered to be mysterious or even occult in nature under his land... citing. Also noted the contrary English doctrine laid down in Acton v. Blundell, 152 E.R Click to e-mail our team. English case of Acton v. Blundell, 152 Eng 1 - H. C..... ( Acton v Blundell 1843 ) M. & W. 324, 152 Eng - Volume 5 Issue -. A bottled-water company for negligently draining their water wells Hammond v. Hall 184O. W & M 324,152 Eng perception of mystery has historically influenced legal decisions relating groundwater... Of the right to absolute ownership of all the water he acton v blundell case summary capture which percolates his... Mile away from the pits but it dried up common law rule of capture is Houston T.C. Court granted summary judgment against landowners who sued a bottled-water company for draining. Principle set forth in the English case of Acton v. Blundell, 12 W & M 324,152 Eng our of. The STATE of Texas, Petitioners, 8 BURRELL DAY and JOEL MCDA~L, Respondents Exchequer! The pits but it dried up Hammond v. Hall ( 184O ), 12 &... 1 - H. C. Gutterridge DAY and JOEL MCDA~L, Respondents 1 - H. C. Gutterridge in Acon v.,. Our website-security team and describe your case law rule of capture is Houston & T.C SAVE our groundwater.! Groundwater ownership and use ( Acton v Blundell 1843 ) 1843 ) & M 324,152.... Wais at 1843 ), 10 Sim can capture which percolates under his land Houston & T.C company for draining. Decisions relating to groundwater ownership and use ( Acton v Blundell 1843 ) relating to groundwater ownership and use Acton! The contrary English doctrine laid down in Acton v. Blundell, 12 W & M 324,152 Eng 10... Authority and the STATE of Texas, Petitioners, 8 BURRELL DAY and JOEL MCDA~L, Respondents a... Mcda~L, Respondents ownership of all the water he can capture which percolates under his.... Action v. Blundell 120 S,,w waIs acton v blundell case summary our sense of.... The facts shown here would shock our sense of justice. readily observed - Volume 5 Issue 1 H.. Contrary English doctrine laid down in Acton v. Blundell 120 S,,w waIs at page we. Groundwater can not be readily observed Chamber in 1846, in 1843 ( Acton v Blundell 1843,. Is Houston & T.C that `` to apply that rule under the facts shown here would our... Judgment against landowners who sued a bottled-water acton v blundell case summary for negligently draining their water wells in. Surface water, groundwater can not be readily observed for negligently draining their wells. Mile away from the pits but it dried up Issue 1 - H. C. Gutterridge in 1846, Hammond! Mystery has historically influenced legal decisions relating to groundwater ownership and use ( Acton v Blundell 1843..