Greenock Corporation v. Caledanian Railway

Fact:

The corporation in lying out a park constructed a paddling pool in the bed of the stream and altered the natural course of the stream. Because of extraordinary rainfall the stream overflowed at the pond and flooded the railway corporation badly.

Issue:

Act of god would be applicable or not?

Judgment:

The appellants had failed to establish any defense and corporation was liable and the defense of act God could not succeeded.

Reasoning:

It is true that the flood was of extraordinary violence, but floods of extraordinary violence must be anticipated as likely to take place from time to time. The corporation altered the natural course of stream, otherwise the great volume of water would have been carried away by the stream in its natural course.