Facts
- A child was crushed to death by a hidden danger on the defendant’s premises
- The premises had notices present saying “trespassers will be prosecuted”
Issue
- Could the defendants be liable
Decision
- No
Reasoning
- Historically, no duty owed to trespassers
- Overruled by BRB v Herrington [1972] and the Occupiers’ Liability Act 1984
