Ponting v Noakes (1849) 2 QB 281

The claimant’s horse died after it had reached over the defendant’s fence and ate some leaves from a Yew tree. The defendant was not liable under Rylands v Fletcher as the Yew tree was entirely in the confines of the defendant’s land and there had therefore been no escape.

Charles, J:

"I do not see that they can be made responsible for the eating of these Yew leaves by an animal which, in order to reach them, had come upon his land. The hurt which the animal received was due to his wrongful intrusion. He had no right to be there and the owner therefore has no right to complain."

Back to lecture outline on liability under Rylands v Fletcher in tort law