The Mersey Docks And Harbour Board Trustees v Gibbs And Others; The Mersey Docks And Harbour Board’ Trustees v Pierce, W Penhallow, And Others: HL 30 Jun 1866

Persons who have a duty to perform, and who may be made responsible for injuries if they know of causes of mystery which in the discharge of that Duty they ought to remedy, are equally responsible if they negligence they remain ignorant of those causes of mischief and so leave them on remedied.
A private person, or a company, having a right to levy tolls in respect of the performance of a particular work, will be liable in damages or injuries occasions by performing it improperly.
A corporate body authorised to perform such a work, and receiving tolls in respect of it, though obtaining no profit for itself from such tolls, but collecting them for the maintenance of the work and the possible future benefit of the public, is equally responsible for injuries arising from the improper performance of such work, and the funds thus obtained must discharge that liability.
[1866] EngR 174, (1864-66) 11 HLC 686, (1866) 11 ER 1500
England and Wales
Cited by:
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.280885