The defendant occupied a house adjoining to a public street, with a cellar belonging to it, which cellar had existed before the defendant had anything in the house, The mouth of this cellar opened into the footway of the street by a trap door. During the day this trap door was open, but at night it was closed by a flap, which slightly projected above the footway, and it had so projected as long as living memory went back, The plaintiff, coming along the footway at night, stumbled over this flap, fell, and sustained injury, for which he brought an action.
Held: that the jury ought to draw the conclusion that the cellar flap had existed as long as the street, and that the dedication of the way to the public was with the cellar flap in it, and subject to its being continued there; and, therefore, that the defendant was not liable, as the maintenance of such an ancient cellar flap was not unlawful.
Citations:
[1862] EngR 814 (A), (1862) 2 B and S 770
Links:
Jurisdiction:
England and Wales
Land, Personal Injury
Updated: 20 May 2022; Ref: scu.286980