Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

BOXES LTD. v. BRITISH WATERWAYS BOARD

[1971] 2 Lloyd's Rep. 183

COURT OF APPEAL

Before Lord Justice Davies, Lord Justice Karminski and Lord Justice Megaw

Negligence - Nuisance - Duty of care - Foreseeable damage - Damage to factory wall adjoining canal due to barges hitting and being moored to canal wall - Congestion of traffic in canal - Escape of water from damaged wall into factory premises - Whether canal authority liable in negligence and/or nuisance - Applicability of rule in Rylands v. Fletcher - Lee Navigation Act, 1767, sect. 3 - Transport Act, 1962, sect. 10 - General Rules and By-laws for the regulation of the River Lee, by-laws 11, 13.

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