The plaintiff was injured by the collapse of a wall which separated the highway from the forecourt of a house owned by the defendant. The house was let on a weekly tenancy. No right to enter was expressly reserved to the owner. The judge found that the wall was a nuisance, but dismissed the claim against the owner because he had not specifically reserved the right to enter the premises.
Held: Appeal allowed. A right to enter was to be implied in the circumstances, and the landlord could have made the necessary repairs.
Citations:
[1951] 1 KB 517
Jurisdiction:
England and Wales
Citing:
Cited – Laugher v Pointer 1826
The owner of a carriage hired a pair of horses for a day to draw the carriage. The owner of the horses also provided the driver, by whose negligence a horse belonging to a third party was injured. It appears that the majority of the court held that . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Landlord and Tenant
Updated: 12 May 2022; Ref: scu.190152