D owned land containing underground streams which fed C's waterworks. D began to sink shafts for the alleged purpose of draining certain beds on stone the effects of which were to seriously affect watersupplies to C's operations. C alleged that D was not acting in good faith but to compel them to purchase his land.
- Can a use of property which would be legal if due to a proper motive become illegal because it is prompted by a motive which is MALICIOUS??
Appeal not accepted.......
The court held that as long as Pickles had a right to take an action on his property, there is no way that can be converted to an illegal action, no matter what his motives. There was no reason why he should not demand that the city pay for his interests in the water beneath his land.