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Lowery v Walker [1910]

Facts

  • A farmer knew that people were trespassing on his land, using it as a shortcut
  • He wished not to take legal action, as some of the trespassers were his customers
  • He placed a vicious horse on his land, which injured the claimant

Issue

  • Could the farmer be held liable to a trespasser in this situation?

Decision

  • Yes

Reasoning

  • A licence was said to have been granted to the claimant through repeated trespass
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