CHESMORE V. RICHARDS

Citation: (1859) 7 HLC 349

Introduction:

This case is basically well known as one of the landmark cases of Tort and a maxim well known as “Damnum sine injuria”

Fact:

Plaintiff owns a mill and he used to get water from a stream for almost from last sixty years but the defendant dug a well on their land due to which the source of water of plaintiff was stopped so now the plaintiff was not getting water from the stream by which plaintiff suffered from loss.

Judgment:

Court held that defendant cannot be held liable for the loss caused to the plaintiff because the defendant had all the legal rights on his land and he was free to dig wells on his land.