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case involved an accident caused by a tree branch overhanging a public road. During
February 1956 a lorry belonging to the plaintiffs collided with a branch of a tree owned
by the defendants. The tree was an Oak and the branch in question hung over the road at a
height of sixteen feet. The lorry was carrying packing cases which had an overall height
of sixteen feet and four inches. The collision knocked one of the packing cases from the
lorry and into the road which then caused another lorry (also owned by the plaintiffs) to
swerve and collide with a hedgerow causing damage to the lorry. The plaintiffs took action
against the tree owners on the grounds that they had created or continued a nuisance in
the form of the branch of the tree.
The defendants acquired the land in 1936 and the tree and branch were in existence at
that time. Neither the defendants, the local police officer nor the Highway Authority
considered the branch to be a hazard to traffic. The only reason the accident occurred was
because two lorries needed to pass each other in this particular location and as one lorry
pulled in closer than usual to the side of the road to allow the other lorry to pass the
obstruction was encountered.
During the hearing Lord Parker referred to another case Dedleigh-Denfield v.
O'Callaghan 1940 where Lord Wright said: ".... it has, I think, been
rightly established in the Court of Appeal that an occupier is not prima facie responsible
for a nuisance created without his knowledge and consent. If he is to be liable a further
condition is necessary - namely, that he had knowledge, or means of knowledge, that he
knew, or should have known of the nuisance in time to correct it".
It was held that although the overhanging branch did constitute a nuisance the tree
owners could not be held liable for its actions because they were unaware of its presence.
The case against the tree owner was dismissed.
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