Parkinson v Peelo and Reilly

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: High Court

(H.C.),

Parkinson

and

Peelo and Reilly

Dangerous premises - Concealed danger - Premises occupied by landlord and tenant - Injuries sustained by tenant's invitee - Whether tenant's invitee is landlord's licensee, licensee with an interest, or invitee - Danger not known to landlord - Landlord not liable - Costs - Courts of Justice Act,1936, s. 78.

A landlord and her tenant were both occupiers of a wooden platform erected at the rere of the landlord's house. The platform was contiguous to that part of the house which the tenant occupied under lease from the landlord, but it was not included in the demise. The tenant used the platform for various purposes, including the storage of coal. The landlord knew that the tenant used the platform, but she did not know that he used it for the specific purpose of storing coal. The platform was in an unsafe condition, which was known to the tenant, but not to the landlord. The condition of the platform constituted a concealed danger. The plaintiff, a coal factor, when delivering a bag of coal which had been purchased from him by the tenant's employee on behalf of the tenant, fell through...