UK Law Case Summary

Hudson & Another v. Bray.   

During December 1915, a tree growing on the defendants property was blown over,  at night by a gale. The tree fell across, and completely blocked, a nearby road. On the following day the defendant sent two men to cut up the tree. At about 4.45pm it began to get dark so the men went to the defendants farm to fetch a lamp to warn road users of the danger. However, at about 5pm, and before the men returned, a car being driven along the road by the plaintiffs hit the tree and sustained personal injury and vehicle damage. The plaintiffs claimed damages from the defendant at Bishop's Stortford County Court. The county court judge held that the defendant had been negligent in leaving the tree unattended and unlit for that short period.

The defendant appealed.

The appeal was granted. It was held that the defendant could not be expected to remove such a large tree in such a short span of time and that there is no obligation within the Highways Act 1835 requiring that a fallen tree be illuminated at night or attended.

• Appellant = A person who appeals to a higher court.
• Defendant = A person accused or sued in a court of law.
• Plaintiff = A person who brings a case against another in a court of law.
• Respondent = A defendant (esp. in an appeal case).