Cattle strayed from a field onto the road. A motorist was injured and claimed damages. The farmer appealed.
Held: the judge had been correct that the farmers should have recognised the risk, and taken simple and inexpensive steps to avoid the risk. The ancient common law immunity for animals was abolished in 1971. ‘. . the defendant is in business as a farmer, having therefore to exercise his mind about the risks inherent in his business and the means of protecting against such risks, whether such protection is to himself, the set-up of his farm or to third parties.’ Appeal dismissed.
Judges:
Lord Justice Potter Lord Justice Rix Mr Justice Munby
Citations:
[2004] EWCA Civ 972
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Leave to Appeal – Donaldson v Wilson CA 26-Jan-2004
The owner of cattle sought leave to appeal a finding of negligence in his having failed to maintain the fences on his property, which in turn allowed his cattle to stray into the road and cause an accident in which the claimant was severely injured. . .
Cited – Searle v Wallbank HL 1947
There existed an ancient common law immunity in respect of animals straying onto a public highway. An owner or occupier of land adjacent to a highway has no legal obligation at common law to highway users so to keep and maintain his hedges, fences . .
Cited by:
Full Appeal – Donaldson v Wilson CA 26-Jan-2004
The owner of cattle sought leave to appeal a finding of negligence in his having failed to maintain the fences on his property, which in turn allowed his cattle to stray into the road and cause an accident in which the claimant was severely injured. . .
Lists of cited by and citing cases may be incomplete.
Animals, Road Traffic
Updated: 11 June 2022; Ref: scu.199635