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Carstairs v Taylor (1871) LR 6 Exchequer 217

The claimant stored rice in the ground floor of a warehouse which he leased from the defendant. The defendant used the upper floor for storage of cotton. A rat gnawed through a gutter box draining water from the roof of the warehouse. Following this, a heavy rainfall caused the roof to leak and damaged the claimant’s rice.


The defendant was not liable under Rylands v Fletcher. The claimant had not brought the water onto his land to accumulate it. The heavy rain and actions of the rat were classed as an act of God.
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