Court case[1895] AC 587

The Bradford Corporation obtained its water supply from springs on land below the defendant Pickles's land. The springs were fed by water percolating through Pickles's land in undefined channels. Pickles began sinking a shaft on his land, ostensibly to work minerals, which had the effect of intercepting the percolating water and diminishing and discolouring the supply that reached the Corporation's reservoir. It was found that his real motive was to compel the Corporation to buy his land at a high price. The Corporation sued for an injunction to restrain him from drawing off the water.

The House of Lords held for Pickles. A landowner has the right to draw from his own land, or to intercept, water percolating under it in undefined channels; the Corporation had no right to receive such water. Since the act was lawful, Pickles's motive, however bad, could not make it unlawful. Lord Halsbury LC: "If it was a lawful act, however ill the motive might be, he had a right to do it. If it was an unlawful act, however good his motive might be, he would have no right to do it. Motives and intentions in such a question as is now before your Lordships seem to me to be absolutely irrelevant." The Corporation's loss was damnum sine injuria; the injunction was refused.