NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415

The document examines a legal case where the New Heriot Gold Mining Company successfully sued the Union Government for damages after a railway embankment's failure to divert storm-water flooded its underground works. The court affirmed that while statutory authority provides some exemption from liability for water discharge, this does not cover works that are negligently executed or maintained. Notably, the court adopted a pragmatic approach to legal causation, ruling that the inability to mathematically apportion the exact volume of water caused by the state's negligence should not prevent a party from receiving relief.

• The court affirmed that while statutory authority generally exempts a party from liability for discharging water onto a neighbour's land via artificial works, this exemption is void if the works were "negligently executed or maintained".
• The court ruled that the impossibility of a "mathematical apportionment" of damages does not disentitle a claimant to relief, suggesting instead a pragmatic approach to determine an amount that does justice between parties based on general considerations.
• The case established that negligence occurs when there is a "failure to take reasonable practicable measures to avoid the damage".
• The Union Government was held liable for the portion of floodwater entering the New Heriot Gold Mining Company's mine that resulted from its failure to properly construct and maintain a railway embankment during a heavy downpour on 13th November 1913.

APA

Centre for Environmental Rights (n.d.). NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415. https://cer.org.za/wp-content/uploads/2011/12/New-Heriot-Gold-Mining-Company-Ltd-v-Union-Government.pdf?x21779

Chicago

Centre for Environmental Rights. NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415. n.d. https://cer.org.za/wp-content/uploads/2011/12/New-Heriot-Gold-Mining-Company-Ltd-v-Union-Government.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415 |url=https://cer.org.za/wp-content/uploads/2011/12/New-Heriot-Gold-Mining-Company-Ltd-v-Union-Government.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndnew, author = {{Centre for Environmental Rights}}, title = {{NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/New-Heriot-Gold-Mining-Company-Ltd-v-Union-Government.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }