The court heard evidence that individuals other than the plaintiff had contracted infectious diseases after being shaven by a barber who had a practice of using razors and appliances that were dirty and unsanitary.
Channell J said: ‘It is not legitimate to charge a man with an act of negligence on a day in October and to ask a jury to infer that he was negligent on every day in September . . But when the issue is that the defendant pursues a course of conduct which is dangerous to his neighbours, it is legitimate to show that his conduct has been a source of danger on other occasions, and it is a legitimate inference that, having caused injury on those occasions, it has caused injury in the plaintiff’s case also . .’
Judges:
Channell J
Citations:
[1908] 2 KB 601
Jurisdiction:
England and Wales
Cited by:
Cited – Mood Music Publishing Co v De Wolfe Ltd CA 1976
The plaintiffs alleged breach of copyright case involving music and sought to have admitted in evidence similar fact evidence showing that the defendants had published music resembling material protected by copyright in the past. The defendant . .
Lists of cited by and citing cases may be incomplete.
Evidence
Updated: 29 April 2022; Ref: scu.186045