In the context of an action for a trip, and whether the path could have been repaired, the question of ‘reasonable practicability’ could be decided on inferences from the evidence without recourse to onus of proof being on the defenders.
Judges:
Lord Hodson
Citations:
[1970] 1 WLR 304, 1970 SC (HL) 37, 1970 SLT 46
Statutes:
Jurisdiction:
Scotland
Cited by:
Cited – Craner v Dorset County Council CA 5-Dec-2008
The claimant sought damages after hitting his knee when a trolley he was pushing stopped abruptly on hitting a raised slab on the defendant’s pathway.
Held: The defendant’s appeal failed. In the end what was reasonable was a question of fact. . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 07 May 2022; Ref: scu.278571
