Videan v British Transport Commission [1963]

Facts

  •  A 2 year old child was trespassing on a train track as a train was approaching
  • The stationmaster, and father of the child, attempted to save the child
  • The child was injured, however the stationmaster was killed

Issue

  • Could the claims of the child and/or stationmaster’s estate succeed for mental and physical buy xanax eu injury respectively

Decision

  • The stationmaster’s estate’s claim for death succeeded, but the child’s claim for mental and physical injury failed

Reasoning

  • The rescue was foreseeable
  • The child shouldn’t have been there, he was trespassing
  • The child’s claim may today succeed due to the Occupier’s Liability Act 1984

Citation

[1963] 2 All ER at 864

RELATED CASE  Perry v Kendricks Transport [1956]

Posted in Tort Law Revision Notes.

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