Facts[edit | edit source]

D owned land containing underground streams which fed C's waterworks. D began to sink shafts for the alleged purpose of draining certain beds on stone the effects of which were to seriously affect water supplies to C's operations. C alleged that D was not acting in good faith but to compel them to purchase his land.

Issue[edit | edit source]

  1. .Can a use of property which would be legal if due to a proper motive become illegal because it is prompted by a motive which is MALICIOUS??

Decision[edit | edit source]

Appeal not accepted.

appeal should be dismissed with costs.

Reasons[edit | edit source]


The court held that as long as Pickles had a right to take an action on his property, there is no way that can be converted to an illegal action, no matter what his motives. There was no reason why he should not demand that the city pay for his interests in the water beneath his land.

Ratio[edit | edit source]

One has the right to use his land as he wishes.

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