154. Statutory authority.

154.     Statutory authority.

Where a thing is brought onto the land under the authority of a statute it is generally necessary to prove negligence in order to establish liability1. If this can be established there may be liability for an escape2 but, at least in cases involving statutory duties, there cannot be liability under the rule in Rylands v Fletcher3 as such. In exceptional cases involving statutory powers, as opposed to duties, there may be liability under the rule without negligence if the statute preserves liability for nuisance4. It has, however, been held