Lord Denning MR said: ‘Knowledge or notice of the danger is only a defence when the plaintiff is free to act upon that knowledge or notice so as to avoid the danger’.
Judges:
Lord Denning MR
Citations:
[1954] 2 QBD 127
Jurisdiction:
England and Wales
Cited by:
Cited – Roles v Nathan CA 15-May-1963
Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit.
Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Land, Negligence
Updated: 07 October 2022; Ref: scu.568158