Hillyard, Henry: Papers re Malvern Water Pollution Cases, 1906-1910

Case transcripts, press cuttings, memoranda, reports and correspondence acquired by Henry Hillyard, Sanitary Inspector to Malvern UDC, relating to cases concerning responsibility for polluted water at a hydropathic establishment and a school in Malvern.

1898-1910

2 boxes

These 5 volumes were purchased by the Wellcome Institute for the History of Medicine Library from Dawsons (acting for a private seller) in November 1970, having previously been in the Hillyard family. They were give accession number 318493.

The 'Malvern Hydro Case' or 'Malvern Drainage Case' 1907-1098, was over the issue of responsibility for polluted water. The plaintiff, Dr John Campbell Fergusson, the proprietor of a Hydropathic Establishment in Malvern claimed damages for the polluted water in his establishment (which had led to several cases of typhoid fever). The first case, Fergusson v. Starkey, in the High Court of Justice, Chancery Division (see GC/63/1), determined whether lesser or lessee was liable. In the trial at the High Court of Justice, King's Bench Division, Fergusson was awarded £7500 against the Council, but this was over-ruled on Appeal in May 1908, by the Supreme Court of Judicature, Court of Appeal. Fergusson appealed to the House of Lords in May 1909, but they upheld the judgement of the Court of Appeal.