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. The judge found that there was a risk that walkers would fail to close any gate, and that the farmer should therefore have installed a self closing gate.
Held: Although the defendant’s appeal had little prospect of success, given the importance of the decision to farmers and insurers, the application for leave to appeal was granted subject to an indemnity to the claimant for his costs.
Citations:
[2004] EWCA Civ 123
Links:
Jurisdiction:
England and Wales
Citing:
Full Appeal – Wilson v Donaldson CA 9-Jul-2004
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 . .
Cited by:
Leave to Appeal – Wilson v Donaldson CA 9-Jul-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Animals, Personal Injury
Updated: 11 June 2022; Ref: scu.198195