Cooke v Midland Great Western Railway of Ireland [1909]

Facts

  • A child was playing on a turntable owed by the defendants, a common occurrence
  • The child’s leg was crushed when the turntable moved

Issue

  • Could the defendant be held liable to the child?

Decision

  • Yes

Reasoning

  • Implied consent was found for the child to be on the premises, as steps were not taken to prevent children playing
  • Implied licences were easier to find prior to the 1984 Act, as otherwise (almost) no duty could be owed
RELATED CASE  Goodes v East Sussex County Council [2000]

Posted in Tort Law Revision Notes.

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