Added on 30/12/2011Law Case (upto 1950)

Cunliffe v. Bankes. 1945




This case involved an Elm tree which fell down across a road.

A motorcyclist collided with the tree and subsequently died of his injuries. The tree was found to have Honey Fungus at its stem base and the decayed roots caused the tree to fall.

The cyclists wife brought an action against the tree owner for negligence and nuisance.
However, it was found that the owner had not been negligent because he had taken all reasonable steps to discover what condition the tree was in and he could not of known that it was in a dangerous condition.

A person was judged to be only responsible for a nuisance caused by the condition of his property if he directly causes it, or through neglect of some duty causes it to happen or if he fails to remedy it after he has become aware of it.





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