Lowery v. Walker [1910] UKHL 726 (09 November 1910)

The defendant was liable because he knew the public habitually used the field, acquiesced in their presence, and negligently placed a dangerous animal there without warning.

Citation: [1910] UKHL 726
Parties: Appellant: Lowery; Respondent: Walker
Jurisdiction: United Kingdom
Judgment Date: 09 November 1910
Procedural Posture: Civil Appeal / Final Appellate Decision
Outcome: appeal allowed; judgment for plaintiff
Legal Topics: Negligence, Liability for Dangerous Animals, Implied Permission, Trespass

Tort Law Negligence Liability for Dangerous Animals Implied Permission Trespass

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1

Parties

Lowery

Appellant

Walker

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

1 Whether the defendant is liable for injuries caused by a dangerous animal to a person crossing his land without express permission but with habitual use known to the defendant
2 Whether the plaintiff was lawfully in the field or a trespasser

Ratio Decidendi

The defendant was liable because he knew the public habitually used the field, acquiesced in their presence, and negligently placed a dangerous animal there without warning.

Court Disposition

appeal allowed; judgment for plaintiff

Orders

Judgment appealed from reversed.
Damages awarded to plaintiff: £100.