Fact
A stream rolled into a flood on account
of heavy rains. And that heavy rain might cause to wash away the bridge and the
railway lines. So the defendant made a gate to get rid of from the rain water.
Unfortunately, damage to the plaintiff's land badly. And owner of the land sued
against him.
Issue
Was it under private defense or not?
Judgment
It was not under private defense. Defendant
was liable.
Reasoning
It was an active transference of
mischief and that is why defendant was liable.
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