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ICLR: Appeal Cases/1886/Volume 11/THE DARLEY MAIN COLLIERY COMPANY APPELLANTS; AND
THOMAS WILFRID HOWE MITCHELL RESPONDENT. - (1886) 11 App.Cas. 127
(1886) 11 App.Cas. 127
[HOUSE OF LORDS.]
1886 Feb. 8.
LORD HALSBURY, LORD BLACKBURN, LORD BRAMWELL and LORD FITZGERALD.
Limitations, Statute of (21 Jac. c. 16) - Cause of Action - Damages, recovery of for Injury after Satisfaction for
previous Injury arising from same Act - Support - Action for Subsidence after Compensation for previous
Subsidence.
Lessees of coal under the respondent's land worked the coal so as to cause a subsidence of the land and
injury to houses thereon in 1868. For the injury thus caused the lessees made compensation. They worked
no more, but in 1882 a further subsidence took place causing further injury. There would have been no
further subsidence if an adjoining owner had not worked his coal, or if the lessees had left enough support
under the respondent's land:Held, affirming the decision of the Court of Appeal, Lord Blackburn dissenting, that the cause of action in
respect of the further subsidence did not arise till that subsidence occurred, and that the respondent could
maintain an action for the injury thereby caused, although more than six years had passed since the last
working by the lessees.
Nicklin v. Williams (10 Ex. 259) and Backhouse v. Bonomi (E. B. & E. 622; 9 H. L. C. 503) discussed. Lamb
v. Walker (3 Q. B. D. 389) overruled.
APPEAL from a decision of the Court of Appeal (1).
The respondent having brought an action against the appellants for damages for injuries done to
his cottages by subsidence in the ground on which they stood, caused by the improper working of
the defendants' colliery, among other defences they set up the Statute of Limitations. At the trial
before Hawkins J. at the Leeds Summer Assizes 1883 the following facts were proved or admitted:The plaintiff was the freeholder of six perches of land and three cottages thereon, in the parish of
Darfield, Yorkshire. The defendants were lessees of a seam of coal under the plaintiff's land, and
worked the coal up to 1868. In consequence of that
Page 2
(1)
14 Q. B. D. 125.
(1)
3 Q. B. D. 389.
(2)
14 Q. B. D. 125.
(3)
10 Ex. 259.
Page 3
Queen's Bench in Backhouse v. Bonomi (2). Willes J. in delivering the judgment of the Exchequer Chamber
(p. 658), says that where actual damage has been sustained "no second or fresh action can be brought for
subsequently accruing damage; all the damage consequent upon the unlawful act is in contemplation of law
satisfied by the one judgment or accord." In this House that judgment and the reasons were approved by the
judges in attendance, and were distinctly adopted by the House (3). Lord Westbury there (p. 512) expressed
approval of Nicklin v. Williams (1), saying: "The decision of that case is, I think, beyond all question." Lamb v.
Walker (4) is a direct authority for the appellants. It is not the excavation which is the wrongful act: it is the
excavation without precautionary measures. There is a fallacy in the reasoning of the Court of Appeal on this
point. As soon as any damage occurs the cause of action is complete; the whole damage is then
recoverable. The case of slander causing special damage is analogous. There cannot be successive actions
for one slander whenever additional special damage occurs.
The judgment of Brett M.R. errs in speaking of "successive and independent subsidences." No man can say
where a subsidence ends or begins: the motion is continuous. That judgment also errs in supposing that the
decision of the House of Lords in Backhouse v. Bonomi (3) is inconsistent with Nicklin v. Williams(1). The two
cases of Whitehouse v. Fellowes (5) and Brunsden v. Humphrey (6) are not against the appellants, the
circumstances being quite different, and the causes of action clearly distinct.
[They also referred to Penruddock's Case (7).]
(1)
10 Ex. 259.
(2)
E. B. & E. 622.
(3)
9 H. L. C. 503, 511.
(4)
3 Q. B. D. 389.
(5)
10 C. B. (N.S.) 765.
(6)
14 Q. B. D. 141.
(7)
5 Rep. 100 b.
Page 4
There are here two causes of action: the cause of action is not the digging, but the interference with the right
of support which causes damage. An injury has not occurred till it is known to be an injury. The wrong is the
letting down the surface. Comyns' Dig. Action on the case for Nuisance (A) p. 418, citing 2 Roll. 565 l. 10,
treats the case of a man "digging a pit on his land so near that my land falls into the pit," as a nuisance. In
Backhouse v. Bonomi (1) Wightman J.'s view is in our favour, and there is nothing against it in the judgments
of the other judges. In that case (p. 631) there was a special finding as to the continuance of the thrust and
the probability of future damage. Willes J. there said (p. 655) that until the decision in Nicklin v. Williams (2) it
was never supposed that digging in a man's own soil to any extent was unlawful. The passage in the
judgment of Willes J. relied upon by the appellants (3) was itself extra-judicial, as he afterwards admitted in
Whitehouse v. Fellowes (4).
[LORD BRAMWELL:- What Willes J. said in Whitehouse v. Fellowes (4) was obiter; commenting upon his
own obiter observations in Backhouse v. Bonomi (3) upon the dicta in Nicklin v. Williams (2), which
themselves were obiter.]
Between the decisions in the Exchequer Chamber and the House of Lords came Rowbotham v. Wilson (5),
where Lord Wensleydale's observations shew that he recognised the principle now contended for by the
respondent that till injury no action lies.
[LORD FITZGERALD referred to Devery v. Grand Canal Co. (6).]
The only question discussed or decided by the House in Backhouse v. Bonomi (7) was the question raised
by the memorandum; and there is absolutely nothing in the final decision hostile to the respondent. If the first
damage consequential on the digging is recoverable though the digging is more than six years old, why
(1)
(2)
10 Ex. 259.
(3)
E. B. & E. 658.
(4)
10 C. B. (N.S.) 785.
(5)
(6)
(7)
9 H. L. C. 503, 511.
Page 5
(1)
2 Salk. 460.
(2)
7 M. & W. 456.
(3)
(4)
(5)
2 Mod. 150.
(6)
Page 6
(7)
52 L. J. (Ch.) 32.
(8)
12 Q. B. 739, 743.
(9)
10 Ex. 259.
(10)
E. B. & E. 622.
Feb. 8, 1886. LORD HALSBURY :My Lords, in this case the plaintiff, the owner of land upon the surface, has sued the lessee of certain seams
of coal below and adjacent to the plaintiff's land for having disturbed the plaintiff in the enjoyment of his
property by causing it to subside. The defendants before and up to the year 1868 have worked, that is to say,
excavated, the seams of coal, of which they were lessees. Their excavation caused a subsidence of the
ground, for which they acknowledged their liability and made satisfaction. There were other subsidences
after this, and as the case originally came before your Lordships, it was matter of inference only whether
these subsidences were or were not in some way connected with, if not forming part of, the original
subsidence. The parties have now by an admission at your Lordships' bar, placed the matter beyond doubt.
It has been agreed that the owner of the adjoining land worked out his coal subsequently to 1868. That if he
had not done so there would have been no further subsidence, and if the defendants' coal had not been
taken out, or if sufficient support had been left, the working of the adjoining owner would have done no harm.
Under these circumstances, the question is whether the satisfaction for the past subsidence must be taken to
have been equivalent to a satisfaction for all succeeding subsidences. No one will think of disputing the
proposition that for one cause of action you must recover all damages incident to it by law once and for ever.
A house that has received a shock may not at once shew all the damage done to it, but it is damaged none
the less then to the extent that it is damaged, and the fact that the damage only manifests itself later on by
stages does not alter the fact that the damage is there; and so of the more complex mechanism of the
human frame, the damage is done in a
(1886) 11 App.Cas. 127 Page 133
railway accident, the whole machinery is injured, though it may escape the eye or even the consciousness of
the sufferer at the time; the later stages of suffering are but the manifestations of the original damage clone,
and consequent upon the injury originally sustained.
Page 7
But the words "cause of action" are somewhat ambiguously used in reasoning upon this subject; what the
plaintiff has a right to complain of in a Court of Law in this case is the damage to his land, and by the
damage I mean the damage which had in fact occurred, and if this is all that a plaintiff can complain of, I do
not see why he may not recover toties quoties fresh damage is inflicted.
Since the decision of this House in Bonomi v. Backhouse (1) it is clear that no action would lie for the
excavation. It is not, therefore, a cause of action; that case established that it is the damage and not the
excavation which is the cause of action. I cannot understand why every new subsidence, although
proceeding from the same original act or omission of the defendants, is not a new cause of action for which
damages may be recovered. I cannot concur in the view that there is a breach of duty in the original
excavation.
In Rowbotham v. Wilson (2), Cresswell J. said that the owner of the mines might have removed every atom
of the minerals without being liable to an action, if the soil above had not fallen; and what is true of the first
subsidence seems to me to be necessarily true of every subsequent subsidence. The defendant has
originally created a state of things which renders him responsible if damage accrues; if by the hypothesis the
cause of action is the damage resulting from the defendant's act, or an omission to alter the state of things
he has created, why may not a fresh action be brought? A man keeps a ferocious dog which bites his
neighbour; can it be contended that when the bitten man brings his action he must assess damages for all
possibility of future bites? A man stores water artificially, as in Fletcher v. Rylands (3); the water escapes and
sweeps away the plaintiff's house; he rebuilds it, and the artificial reservoir continues to leak and sweeps it
(1)
9 H. L. C. 503.
(2)
(3)
Page 8
I think the decision of this case must depend as matter of logic upon the decision of your Lordships' House in
Bonomi v. Backhouse (2), and I do not know that it is a very legitimate inquiry, when a principle has been laid
down by a tribunal from which there is no appeal, and which is bound by its own decisions, whether that
principle is upon the whole advantageous or convenient; but if such considerations were permissible, I think
Cockburn C.J. in his judgment in Lamb v. Walker (3) establishes the balance of convenience to be on the
side of the law, as established by Bonomi v. Backhouse (2). I cannot logically distinguish between a first and
a second, or a third, or more subsidences, and after Bonomi v. Backhouse (2) it is impossible to say that it
was wrong in any sense for the defendant to remove the coal. Cresswell J. has said, and I think rightly, that
he might remove every atom of the mineral.
(1)
10 Ex. 259.
(2)
9 H. L. C. 503, 512.
(3)
3 Q. B. D. 389.
LORD BLACKBURN :My Lords, at the close of the argument I came to the conclusion that the judgment should be reversed; and
prepared and circulated an opinion containing the reasons which led me to that conclusion. All three of the
other noble and learned Lords who heard the argument have come to the conclusion that the judgment
should be affirmed, and that must be the judgment of the House. I think it better to read the reasons which I
had before written.
This is an appeal against an order of the Court of Appeal, by which it was ordered that the judgment of
Hawkins J. delivered, on further consideration, on the 18th of December 1883, should be reversed, and
judgment entered for the plaintiff for damages to be assessed by an arbitrator to be agreed upon, with costs.
Before this House can say whether this order is right or not, it is necessary to know what was the case on
which Hawkins J. directed judgment, which this order reverses, to be entered for the defendants. The writ
was issued on the 27th of December 1882.
There was an alternative defence that the causes of action did not, nor did any of them, first accrue to the
plaintiff at any time within six years before the commencement of the action; and therefore, it lay on the
plaintiff to give evidence of some cause of action subsequent to the 27th of December, 1876.
Page 9
I think it sufficiently appears in Hawkins J.'s judgment, that the defendants had worked out the seams of coal
of which they were lessees as long ago as 1868, and that they had done nothing from that time. And as the
defendants seem to have proved and relied on the fact that very considerable subsidences had occurred
between 1868 and 1871, which injured the plaintiff's premises, and that the defendants had been called upon
to do and had paid for repairs rendered necessary, it is clear that the original working was such as to give
rise to a cause of action as early as 1871,
(1886) 11 App.Cas. 127 Page 136
and that the plaintiff had then known it. Lamb v. Walker (1) was then cited. With a view to enable the
plaintiff's counsel to fully consider that authority, it was arranged that the jury should be discharged, and that
the case should be reserved for further consideration, it being expressly admitted by the plaintiff that damage
was done by subsidence in 1868.
On further consideration, the plaintiff's counsel is stated by Hawkins J. to have admitted that judgment must
be entered for the defendants unless Lamb v. Walker (1), which he intended to question in a Court of Appeal,
was overruled.
I think it convenient here to see what was the decision in Lamb v. Walker (1), so as to see whether, while it
stands unreversed, it was decisive of the case before Hawkins J. Manisty J. (at p. 391) quotes so much of
the plaintiff's statement of claim as was material in that case. There was a first claim, on which the referee
gave d., which I do not notice. I think the fifth and sixth paragraphs are in effect the same as the amended
statement of claim in the action now at bar, and set out in the Appendix, p. 7. But the only plea in Lamb v.
Walker (1) was payment into Court of 150, and the issue joined was whether that was enough. That was
referred, and it was on the award that the question was raised. The two material findings on the award are
stated at p. 392:- "2. I estimate the damage actually sustained by the plaintiff at the date of the
commencement of the action ... at 400. 3. I estimate the future damage which will be sustained by the
plaintiff ... at 150." He therefore directed judgment to be entered at 400, deducting the 150 paid into Court
from those two sums, amounting together to 550.
The question was raised on a rule to reduce the damages, and was "whether the plaintiff was in point of law
entitled to recover the sum of 150 which the referee finds will be sustained by the plaintiff by reason of the
defendant's acts." The decision in Lamb v. Walker (1) was that he was so entitled. And I think it was rightly
thought that if damages subsequent to a writ issued in 1871 could be recovered in an action on that writ, they
were included in the cause of action then existing, and consequently that decision, which was binding on
Hawkins J., was at that stage of the proceedings conclusive against the plaintiff.
(1)
3 Q. B. D. 389.
Page 10
There must have been some understanding between the counsel for the plaintiff and for the defendants in
this case as to what was to be done in case the final decision on this very important question was in
conformity with the opinion of Cockburn L.C.J. And I think, though I wish it had been expressly stated, it must
now be taken that the defendant's counsel agreed that he would not, on the evidence then before the Court,
ask for a verdict on any of the other defences, but would in that case consent to have the damages settled by
arbitration.
Cockburn L.C.J. could not in Lamb v. Walker (1) have meant to go so far as to say that if a house had been
shaken, and was evidently going to fall, but had not yet completely fallen when the writ issued, the plaintiff
could only recover for what had already occurred, and would have to bring a fresh action when a further
chimney fell. He has not quite sufficiently guarded himself from saying so.
In the present case, there being obscurity in the statement of the facts, it was, somewhat late in the day, but,
with the assent of the House, agreed to add this further admission: "That if the owner of the adjoining land
(one Cooper) had not worked his coal, there would have been no further subsidence, but the appellants
(defendants) admit that if the coal under the respondent's (plaintiff's) land had not been taken out, or if the
appellants
(1)
3 Q. B. D. 389.
(2)
9 H. L. C. 503.
Page 11
without any proof of damage in fact, the rule is firmly established, and I think all three judges in the Court
below agree that the question is what was the cause of action in this case. They adopt the reasoning of
Cockburn L.C.J. in Lamb v. Walker (1) that it logically follows, from Bonomi v. Backhouse (5) that there are
independent and distinct causes of action, on each fresh distinct cause of damage, though arising
(1)
3 Q. B. D. 389.
(2)
3 Q. B. D. 394.
(3)
3 Q. B. D. 403.
(4)
3 Q. B. D. 405.
(5)
E. B. & E. 622.
Page 12
(1)
E. B. & E. 622.
(2)
14 Q. B. D. 141.
Page 13
there was an injury to the right as soon as the support was rendered insufficient, though no damage had
occurred. But I do not think that it all follows from this that the act of removing the minerals to such an extent
as to make the support insufficient is an innocent act rendered wrongful by the subsequent damage. That
would be a great anomaly, for I think there is no other instance in our law where an action lies in
consequence of damage against a person doing
(1)
3 Q. B. D. 389.
(2)
10 Ex. 259.
(3)
9 H. L. C. 503.
(1)
1 Lev. 69.
(2)
6 Ch. D. 284.
Page 14
(3)
9 H. L. C. 503.
(4)
11 A. & E. 301.
(1)
2 Mod. 151.
(2)
3 Q. B. D. 389.
(3)
(4)
Page 15
LORD BRAMWELL :My Lords, laying down general propositions is attended with the same danger as giving definitions. Some
necessary qualification or exception is generally omitted. Moreover, such propositions are often and justly
called "obiter." With these dangers before my eyes, I shall nevertheless venture on some abstract
propositions.
It is a rule that when a thing directly wrongful in itself is done to a man, in itself a cause of action, he must, if
he sues in respect of it, do so once and for all. As, if he is beaten or wounded, if he sues he must sue for all
his damage, past, present, and future, certain and contingent. He cannot maintain an action for a broken
arm, and subsequently for a broken rib, though he did not know of it when he commenced his first action. But
if he sustained two injuries from a blow, one to his person, another to his property, as, for instance, damage
to a watch, there is no doubt that he could maintain two actions in respect of the
(1)
10 Ex. 259.
(2)
Page 16
the actionable slander, another for the personal loss, - certainly if the case in Siderfin is right. But it is not
necessary to decide this.
I now come to the case of where the wrong is not actionable in itself, is only an injuria, but causes a
damnum. In such a case it would seem that as the action was only maintainable in respect of the damage, or
not maintainable till the damage, an action should lie every time a damage accrued from the wrongful act.
For example, A. says to B. that C. is a swindler, B. refuses to enter into a contract with C., C. has a cause of
action against A.; D., who was present and heard it, also refuses to make such a contract; surely another
action would lie. And so one would think if B. subsequently refuses another contract. Of course, one can see
that frauds might be practised. So they may in any state of law. But I cannot see why the second action
would not be maintainable if the second loss was traced to the speaking. And perhaps one might apply the
same test. Would not the first right of action pass to the trustees of C. if he became bankrupt? If the second
loss was after the bankrupt's discharge, it would not.
There is still another class of cases to be considered, viz., those where the act causing damage is not in
itself wrongful. No easier case can be taken than the above ground case of an excavation, whereby an
adjoining owner's soil is let down. It cannot be said that the act of excavation is unlawful. A contract to do it
could be enforced. No injunction against it could be obtained unless injury was imminent and certain. What
would be the rights of the person damaged in such a case? I think the former reasoning would apply. If there
was an excavation 100 yards long, and fifty feet of the neighbouring soil fell in, the right of
(1886) 11 App.Cas. 127 Page 146
action would be in respect of those fifty feet, and not only in respect of what had fallen in, but what would in
future fall in along the fifty feet. But if afterwards the other fifty feet fell in there would be a fresh cause of
action. Surely this must be so. If ten feet at one end fell in and afterwards ten feet at the other, it would be
impossible to say that there would not be two causes of action. If the excavation was on two sides of a
square, the same consequences. The Attorney-General denied this, and was driven to do so. But suppose A.
owned the adjoining property on one side, and B. that which was at right angles to it, there must then be two
causes of action.
Now apply this reasoning to the present case. There are by the admission of the parties two separate and
distinct damages caused to the plaintiff by the acts, including in that word omissions, of the defendants. One
a removal of coal and non-providing of supports, which caused a subsidence in 1868. A cause of action
accrued then. Another cause of action is the removal of coal, including perhaps the coal which caused the
first subsidence, but doubtless also a removal of coal extending to a greater distance, and not immediately
under the plaintiff's land, and the non-providing against the consequences; which, when the adjoining owner
to the defendants removed his coal, as he lawfully might (though I think that immaterial), caused a creep in
the defendants' land, which in time caused the further subsidence. I think this gives a second cause of
action. I think, therefore, the judgment was right.
It seems to me not to matter that the subsidence was of the same spot, nor that the immediate cause of the
second subsidence was the non-existence of coal underneath that spot. Two damages have been
occasioned to the plaintiff, one directly and immediately by the removal of the coal under his surface: the
other by that and removal of other coal, and consequent creeping and further subsidence. The
Attorney-General, as I have said, denied that there could be two causes of action if two different parts of the
plaintiff's land subsided at two different times. But surely there must be. Suppose the two pieces belonged to
different owners, as I have suggested.
Of course one can see the danger and inconvenience that will
(1886) 11 App.Cas. 127 Page 147
follow. This damage accrues many years after the defendants' act or omission which has caused it. If my
Page 17
reasoning is right, many years hence there might be a further action from some further subsidence. But the
inconvenience is as great the other way. For if the defendants are right, it follows that on the least
subsidence happening, a cause of action accrues once and for all, the Statute of Limitations begins to run,
and the person injured must bring his action, and claim and recover for all damage, actual, possible, or
contingent for all time.
As to the authorities, Bonomi v. Backhouse (1) seems clearly in the plaintiff's favour. Indeed I have thought of
limiting my judgment to the following remark on it. It decided that the excavation of the coal was not wrongful,
and that the cause of action accrued when the damage arose. The damage now complained of arose at the
last subsidence. That subsidence was no part of or continuance of the former subsidence, nor caused by the
same cause only, but by a further cause, in this sense, that without this cause the subsidence would not
have taken place. Therefore no cause of action in respect of it arose till it happened.
LORD FITZGERALD :My Lords, the real, though not the formal question for your Lordships' determination is whether Lamb v.
Walker (2) was correctly decided. My noble and learned friend (Lord Blackburn) rightly deals with this appeal
in the same light as if it was an appeal from Lamb v. Walker (2). I do not propose to follow my noble and
learned friend in his instructive examination of Lamb v. Walker (2), and Backhouse v. Bonomi(3), and his
criticisms on those cases, but I think that we may deduce from the authorities some propositions as now
settled in law, and applicable to the circumstances of the appeal now before your Lordships' House, and to
similar cases:- I proceed to state those propositions though in doing so I am conscious of the danger pointed
out by my noble and learned friend, Lord Bramwell.
1. That the owner of the surface has a natural and legal right to the undisturbed enjoyment of
that surface in the absence of any binding agreement to the contrary.
(1)
9 H. L. C. 503.
(2)
3 Q. B. D. 389.
(3)
9 H. L. C. 503.
Page 18
(1)
3 Q. B. D. 389.
(2)
9 H. L. C. 503.
Page 19
respondent's (plaintiff's) land, then the working of the adjoining owner would have done no harm."
It will be observed on these admissions that the partial subsidence of 1868 had practically ceased, and that a
fresh creep and subsidence took place in 1882, which would not have taken place if the defendants had left
sufficient natural support under the plaintiff's land, or, we may add, had substituted adequate artificial
support.
There can be no doubt that though there has been no act of commission by the defendants since the
completion of the excavation of 1868, yet if there had been no subsidence causing damage to the plaintiff
prior to that of 1882, the present action could be maintained; but it is alleged that as the plaintiff had a
complete cause of action in 1868, arising from the prior excavation and the subsidence of 1868, the Statute
of Limitations then commenced to operate, and has barred the present action. It was further argued that in
1868 the plaintiff could and ought to have insisted on recovering once and for all any damage that might
arise prospectively from the excavation of 1868, according to the rule of law which, in order to prevent a
multiplicity of actions, provides, that damages resulting from one and the same cause of action must be
assessed and recovered once and for all.
(1886) 11 App.Cas. 127 Page 150
That rule was applied by the majority of the Court in Lamb v. Walker (1), and is not controverted. It is not
inflexible, and admits of exceptions.
We have to consider what was the cause of action in 1868, and whether the cause of action of 1882 (the
creep and subsidence of 1882), is one and the same cause of action as that of 1868. If it is so, then the
defendants are entitled to succeed on the defence of the Statute of Limitations.
This appeal represents a class of cases peculiar and exceptional, to meet which and to avoid grave
inconvenience, if not injustice, our flexible common law has somewhat moulded itself. I deprecate discussing
some of the arguments addressed to us, which seemed to me to be too fine, such as for instance whether
the original act of the defendants was "innocent," or "perfectly innocent." The question here is not whether
the original act of the defendants was "innocent," but whether the defendants have occasioned damage to
the plaintiff without any inevitable necessity.
I am of opinion that Cockburn L.C.J. in the case of Lamb v. Walker (1), and the Court of Appeal in the case
before us, were respectively right in resting on Backhouse v. Bonomi (2), and deducing from it a principle
which governs the question.
Backhouse v. Bonomi (2) is not satisfactorily reported. We gather from the report in your Lordships' House
with some difficulty what was actually decided. Mr. Manisty, in his argument in that case at your Lordships'
bar, puts it thus:- "The act done was a perfectly innocent act at the time it was done; the argument on the
other side is that it must be treated as having been injurious because it might afterwards become so. If the
action had been brought when the act was first done, the answer would have been that the defendant had a
right to do the act, and that no damage had been occasioned." Lord Westbury, says, "I think it is abundantly
clear, both on principle and authority, that when the enjoyment of the house is interfered with by the actual
occurrence of the mischief, the cause of action then arises, and the action may then be maintained." And
Lord Cranworth, adds:- "It has been supposed that the right of the party whose land is interfered with is a
right to what is called the pillars or the
Page 20
(1)
3 Q. B. D. 389.
(2)
9 H. L. C. 503.
(1)
9 H. L. C. 503.
(2)
3 Q. B. D. 389.