Johannesburg Municipality v Jolly [1915] ZATPD 78 (27 September 1915)

Negligence.--Construction of drains under statutory authority.Diversion of rain water.-Damages to property.-Liability .

A municipality acting under statutory authority constructeil drains and therebydiverted
rain water from its natural course. After a heavy fall of rain the water overflowed the drains and caused damage to lower lying property, Held that the municipality was not liable unless the construction of the drainsplaced a greater burden on such property either as regards the quantity, velocity or direction of the water which in the ordinary cause of nature would
have flown over the property.