The plaintiff was severely injured when a branch was broken from a tree in a high wind, and fell onto the van he was driving. The land-owner appealed a finding of liability in nuisance.
Held: The local authority were also the highway authority, and it was the defendants’ duty regularly to inspect the tree for signs of danger, and to do what was necessary to maintain the tree in a safe condition. The evidence was that the danger arose from earlier prunings. The appeal was in effect an appeal on the facts, and therefore failed.
Citations:
[1998] EWCA Civ 1200
Jurisdiction:
England and Wales
Citing:
Cited – Noble v Harrison CA 1926
A tree shed a limb onto a passer-by, causing personal injury. The Court of Appeal reversed the original finding in favour of the claimant because the defect could not have been discovered by inspection. A land-owner may become liable for a naturally . .
Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Personal Injury
Updated: 30 May 2022; Ref: scu.144679
