Question

LEGAL PRINCIPLE: If a person brings anything dangerous on his land which may prove harmful if escapes, then that person must keep it at his peril. If a man fails to do so then he must be made responsible to all natural consequences of its escape.
FACTS: A grows poisonous trees on his own land and lets the projection of the branches of his trees on the B's land. B's cattle die because of nibbling the poisonous leaves.
DECIDE.

• A. A is not liable to B because B must have taken due care to control his cattle
• B. A is not liable to B because trees are still on A's land and there is no escape of dangerous thing
• C. A is liable to B because projection of branches with poisonous leaves amounts to escape
• D. A is not liable to B because he is not acting negligently

Answer 1

The correct option is C A is liable to B because projection of branches with poisonous leaves amounts to escape

• It was established in the case of Rylands v Fletcher that if a person keeps dangerous thing on his property and it escapes, the person incurs strict liability as the standard of care established in such circumstances is quite high. In the case of Crowhurst v Amersham Burial Board, where a yew tree in the defendant's land had its branches projected in the land of the plaintiff and the plaintiff's horse died because of chewing the leaves, the defendant was held liable on the basis of principle of strict liability.
• Similarly in the present case, the projections of poisonous leaves of A's tree were let into a part of B's land and was not kept within A's area as a result of which B's cattle ate it and died. Hence, A is liable to B because projection of branches with poisonous leaves amounts to escape.