Cases - Arkwright v Cell
Record details
- Name
- Arkwright v Cell
- Date
- (1839)
- Citation
- 8 LJ Ex. 201
- Legislation
- Keywords
- Easements
- Summary
-
The lower riparian owners were occupiers of mills located on a stream which drained a mine. They attempted to compel the mine owners to continue such discharge. Giving judgment, Lord Abinger said:
'The stream ... was an artificial watercourse, and the sole object for which it was made, was to get rid of a nuisance to the mines, and to enable their proprietors to get the ores which lay within the mineral field drained by it: and the flow of water through that channel was, from the very nature of the case, of a temporary character, having its continuance only while the convenience of the mine-owners required it, and, in the ordinary course it would, most probably, cease when the mineral ore above its level should have been exhausted.'
Such a temporary watercourse could not, the Court said, give rise to a permanent right.