Aherne v Rudd and Others
Jurisdiction | Ireland |
Judgment Date | 01 January 1945 |
Date | 01 January 1945 |
Court | High Court |
Invitee - Nuisance - Landlord and tenant - Injury to third party resorting to demised premises - Concealed trap at approach to premises - Injured party invitee of tenant and licensee of landlord - Existence of trap not known to any person - Liability of landlord and of tenant respectively to third party.
Immediately outside the entrance gate admitting from the highway to the front avenue of a private dwelling-house was a semi-circular embrasure beneath which ran a mill-stream. The dwelling-house and premises were demised by a lease not comprising the embrasure and containing no express stipulation binding the lessee to repair or maintain the bridge supporting the embrasure, but the embrasure and entrance gate (which, together with the demised premises, were the property of the lessor) constituted a way of necessity for the lessee for the purpose of getting in vehicular traffic. The plaintiff, who was the owner of a motor lorry, brought his lorry to the premises for the purpose of delivering a load of turf to the lessee, but while the lorry was crossing the embrasure for the purpose of entering the avenue, the bridge collapsed under the weight of the vehicle, and the latter was damaged. In an action by the owner of the lorry for damages for negligence, nuisance, and breach of duty, brought against both the lessee and the lessor; held: (1) That the action must fail as against the lessee, for although he was in the position, with respect to the...
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