This section contains the nature of the case and procedural background.

Amory (D) owned a hydroelectric plant and built a dike on the river. A hurricane caused the river to overflow and that in turn damaged Golden's (P) land. P sued D for both strict liability and negligence; no permit had been obtained to build the dike, and the dike was negligently maintained. P relied upon the rule of Fletcher v. Rylands. The verdict was directed for D, and P appealed.

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