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57 Am. L. Rev. 549 (1923)
The Rule in Rylands vs. Fletcher and Its Limitations

handle is hein.journals/amlr57 and id is 553 raw text is: THE RULE IN RYLANDS V. FLETCHER THE RULE IN RYLANDS vs. FLETCHER AND ITS LIMITATIONS.* The rule known as that in Rylands v. Fletcher is one of the most important cases of absolute lia- bility recognized by our law-one of the chief in- stances in which a man acts at his peril and is re- sponsible for accidental harm, independent of the existence of either wrongful intent or negligence. -Salmond on Torts, 5th ed., p. 200. It is the object of this paper to state in somewhat ele- mentary form the doctrine, scope and limitations of this leading case which, as Dean Wigmore says, has proven epochal in its consequences (7 Harv. L. Rev. 455) upon the development of the law of Torts. No effort has been made to discuss or analyze the true philosophical or juristic basis of the Rule; the attempt is merely to collect the Eng- lish and Canadian decisions illustrating the doctrine of the principal case as well as the restrictions which have been imposed thereon. I. THE RULE IN RYLANDS V. FLETCHER. The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.' The facts in this importailt leading case were as follows: The plaintiff was the lessee of certain mines. The defend- ant who owned a mill on the adjoining land constructed a * This article is reprinted with the express permission of the Editor- ial Board of the Canadian Bar Review, the article having appeared in the February number of that publication. 1 Per Blackburn, J., in Fletcher v. Rylands (1866), L. R. 1 Ex. 265 at p. 279; affirmed in the House of Lords (1868) L. 1. 3 H. L. 330.

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