What are the elements of a cause of action under the principles in Rylands v Fletcher?

To repeat the elements of a cause of action under the principles in Rylands v. Fletcher, supra, are: (i) the defendant has made a non‑natural use of its land; (ii) the defendant brought onto his land something which was likely to do mischief if it escaped; (iii) the substance in question escaped; and (iv) damage was caused to the plaintiffs’ property or person as a result of the escape.

The plaintiffs’ pleadings here assert that the collection, storage and transportation of anhydrous ammonia is a non-natural use of the land and is dangerous. The pleadings also assert that train cars themselves are dangerous. The pleadings assert that anhydrous ammonia is likely to do mischief if it escapes. The pleadings assert that train cars are likely to do mischief if they escape from the tracks on which they are intended to be kept, whether they escape onto the land of another or not. I am of the view that it is not necessary to decide the question of whether those facts as pled meet the first and second criteria under the Rylands v. Fletcher, supra, rule, because I am satisfied that the pleadings do not assert facts which meet the third and fourth elements of the cause of action. That is — the pleadings do not allege that the anhydrous ammonia or the train cars escaped, as required, nor do the pleadings allege that damage was caused to the plaintiffs’ property or person, as a result of the escape as required.