A railway company had been empowered to erect in a highway certain gateposts and in a war-time blackout a taxi-driver had run into them. The company was found not liable for the accident.
Held: The accident was caused by the post which had been legalised by the empowering act and by the elimination of light due to the exigencies of war. A mere power to maintain posts did not impose an obligation to warn the public of their existence.
Citations:
[1916] 2 AC 511
Jurisdiction:
England and Wales
Citing:
Approved – Moore v Lambeth Waterworks Co 1886
The defendants were found not liable when a fireplug lawfully fixed in a highway had become exposed as the road surface had worn. . .
Cited by:
Cited – Bybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 06 May 2022; Ref: scu.220841