The Attorney General V. Silva

1914 Present: Wood Renton C.J. and De Sampayo A.J.

THE ATTORNEY-GENERAL v. SILVA.

386-D. C. Badulla, 2,774.

Opening up land adjoining public road-Damage caused to road by flow of water-Action by Crown for damages-Thoroughfares Ordinance, No. 10 of 1861, s. 91. (5).

The defendant purchased a land from the Crown adjoining a public road (with a strip of Crown land said to be a road reservation intervening between the two) and opened up the land and planted it with tea. Water and silt with stones flowed down to the road, whereby the road was damaged.

The Attorney-General claimed damages from the defendant.

Held, that, as the acts of the defendant amounted to no more than what might be lawfully allowed to an owner in the ordinary course of cultivation, he was free from liability for damage caused to the road.

The principles expounded in Samuel Appu v. Lord Elphinstone 1 were not confined to a natural servitude which one landowner had over another, but applied to the case of a public road as well.

In regard to obligations attaching to the ownership of land, the Grown is in no better position than a private individual.

Section 91 (5) of

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