References: [1950] EG 28 July 1950
Finnemore J stated that an unreasonable burden must not be placed on the reasonable owner: ‘the standard to be taken should be that of an ordinary landowner and not an expert. It was neither the duty nor the practice of the ordinary prudent landowner to make a meticulous examination of its individual trees.’
This case is cited by:
- Cited – Stagecoach South Western Trains Ltd -v- Hind and Another TCC (Bailii, [2014] EWHC 1891 (TCC))
A train crash was caused when an ash tree fell from the defendant’s land across the railway line. The company sought damages from the land-owner.
Held: The land-owner’s duty extended no further than the carrying out of periodic informal or . .
