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UK Law Case |
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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