A branch overhanging the road, fell off causing a death. His PR claimed damages, but failed in the County Court. The death of an individual killed by a branch falling from a tree overhanging the highway was not attributable to the negligence of the local authority. The judge found that extensive internal decay was a major factor in the branch’s fall. He found that nobody had seen any external signs of decay and he found that, even if the local authority had had in place a proper system of inspection, the extent of the decay, and the danger it posed, would not have been revealed.
Held: The appeal was dismissed. Hedley J focused on the two stages of the judge’s enquiry: namely whether a routine inspection would have led on to a detailed inspection by a qualified arboriculturalist and, if so, whether that expert’s inspection would have led to the removal of the branch. Hedley J said that the judge’s findings made it probable that, had the outcome of a preliminary inspection warranted an inspection by an expert, then the later, detailed inspection would have revealed the extent of the decay and would have led to the removal of the branch. Thus, he said, the critical issue was whether or not the judge had been right to find that no expert inspection had been warranted, because a preliminary inspection would not have given rise to any cause for concern. The Court of Appeal concluded that, on the facts, the judge had been right to reach that conclusion.
Judges:
Mummery, Patten LJJ, Hedley J
Citations:
[2011] EWCA Civ 922
Links:
Statutes:
Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976
Jurisdiction:
England and Wales
Cited by:
Cited – Stagecoach South Western Trains Ltd v Hind and Another TCC 11-Jun-2014
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 17 September 2022; Ref: scu.442527