Somervell LJ reiterated the relevant test (formulated by the judge at first instance) in these terms: ‘If there is a danger which is apparent, not only to the expert but to the ordinary layman which the ordinary layman can see with his own eyes, if he chooses to use them, and he fails to do so, with the result that injury is inflicted, as in this case, upon somebody passing along the highroad, the owner is in those circumstances responsible, because in the management of his property he had not acted as a normal reasonable landowner would act.’
Judges:
Somervell LJ
Citations:
[1947] 177 LT 281
Cited by:
Cited – Stagecoach South Western Trains Ltd v Hind and Another TCC 11-Jun-2014
A train crash was caused when an ash tree fell from the defendant’s land across the railway line. The company sought damages from the land-owner.
Held: The land-owner’s duty extended no further than the carrying out of periodic informal or . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Negligence, Land
Updated: 04 May 2022; Ref: scu.526446
