Monday, August 21, 2017

Madras & South Maharashtra Rly .Co. Ltd. V. Maharaja of Pithapuram



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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