- The defendant (Rylands) had a reservoir constructed for him by contractors
- Upon filling the reservoir, the claimant’s (Fletcher) colliery was flooded
- There was no negligence claim
- Could a nuisance claim be made?
- No, but claim allowed under new ‘Rylands v Fletcher’ tort
- Rylands v Fletcher tort is a strict liability tort making liable any land owner who stores items of mischief which escape and cause damage to a landowner who suffers damage as a result of that escape if the escape was not caused by an ‘act of God’ or the claimant