Court : House of Lords
..... municipality or owner, special considerations arise. in the case of objects, whether artificial, and so to speak, dangerous in themselves, such as loaded guns or explosives, or natural objects, such as trees bearing poisonous fruits which are attractive in appearance, it cannot be considered a reasonably safe procedure for a municipality or owner ..... and persons frequenting the same, and of the superintendents, curators, rangers, parkkeepers and other officers or servants appointed and employed by them. ...." the forty-first section of this statute provides for the publication and posting in the park of these byelaws when made. it was admitted, however, that no byelaws of the kind mentioned ..... nurdin (1 q. b. 29). how the right arose was not explained. under their act the defenders could have, but had not, made byelaws for the regulation of the park, so as to affect this case. perhaps the section would not justify under the name of regulation total prohibition of the entrance of infants, even .....
Tag this Judgment!Court : House of Lords
..... power of doing so. whether or not they should exercise that power was a matter entirely within their own discretion unless and until the minister of agriculture intervened under section 12 of the act. had they determined not to effect the repair at all, or not to embark upon the work until (say) the end of the following march, the respondents would ..... powers conferred and undertaken; for instance if the appellants chose to light by electricity and laid defective wires near to the main gaspipes in their district and so caused an explosion, that would be a negligent exercise of their powers; or if they placed a refuge in a crowded street and omitted to light it properly, that might be doing ..... the local body fail to take action in a case where it is thought that they properly ought to do so, there is power for the person aggrieved, under section 2 of the act, to apply to the secretary of state for an order that they carry out such work as he instructs them to do. i also desire to make it .....
Tag this Judgment!Court : House of Lords
..... question, every judge who has had to consider the matter in northern ireland agrees with the learned arbitrator in holding that davison's careless act which caused the conflagration and explosion was an act done in the course of his employment. admittedly he was serving his master when he put the nozzle into the tank and turned on ..... the respondents' case is that they were liable, and on this they based their claim to recover under the policy of insurance issued to them by the appellants, section ii of which deals with liability to third parties. there was a separate claim not here material by the respondents for the destruction of their lorry. the questions ..... resulted from davison's rash act, including catherwood, whose garage was damaged and whose car was destroyed, and the owners of adjoining premises affected by the accident. i am only referring to the claims under section ii of the policy. the dispute came in the first instance before a learned arbitrator, who stated his award in the .....
Tag this Judgment!Court : House of Lords
..... dealing with these questions and a series of findings or assumptions as to what is sufficient to establish their existence. amongst dangerous objects have been held to be included, gas, explosive substances, electricity, oil, fumes, rusty wire, poisonous vegetation, vibrations, a flag-pole and even dwellers in caravans. furthermore in musgrove v. pandelis, [1919] 2 k ..... this was not maintained before this house. it was made clear that the appellant was upon the respondents' premises only because, being registered under the national service acts, she was required to work there as an employee of the armaments inspection department of theministry of supply. had she been a free agent she would not ..... much less any judicial authority. for, as i have said, somewhere the line must be drawn unless full rein be given to the doctrine that a man acts always at his peril, that coarse and impolitic idea as mr. justice holmes somewhere calls it. i speak with all deference of modern american text books and .....
Tag this Judgment!Court : House of Lords
..... jury could have held that the accused had been in a psychopathic condition, that such condition was quiescent, that he voluntarily consumed intoxicating liquor, and afterwards had an explosive outburst, and to raise the question whether on such basis the jury was incorrectly directed as to the application of the rules in m'naghten's case. the ..... the law of northern ireland. in england a psychopath such as this man might now be in a position to raise a defence of diminished responsibility under section 2 of the homicide act, 1957. my lords, i have thus dealt with the case by considering the point raised by the court of criminal appeal: and by dealing with it ..... evidence that he is an aggressive psychopath, that this is a disease of the mind which is quiescent for considerable periods but manifests itself from time to time in explosive outbursts, and that taking drink is likely to cause an outburst. for some time before 7th september, 1960, the respondent had been in a mental hospital. on .....
Tag this Judgment!Court : House of Lords
..... because it is beneficial to the safety and interests of the state to obstruct or prevent the use of nuclear bombs. i must now turn to the official secrets act section 1 provides : "(1) if any person for any purpose prejudicial to the safety or interests of the state (a) approaches or is in the neighbourhood of ..... law. the appellants' counsel said that he wanted to call evidence on such matters as the devastating effects and consequences of nuclear discharge, the dangers of accidental explosions, the technical difficulty of distinguishing approaching nuclear missiles from other harmless objects in the sky, the possibility and likelihood of retaliation to this country if we set ..... of the argument for unilateral disarmament is a matter of opinion. opinion must be based on fact, and opinion on such matters as the likelihood of accidental explosions and mistakes on radar is expert opinion, which the law treats as a species of fact. hard facts where they can be ascertained and expert opinion where .....
Tag this Judgment!Court : House of Lords
..... were burning and conflagration and a fall. all these in fact occurred, but unexpectedly the mishandled lamp instead of causing an ordinary conflagration produced a violent explosion. did the explosion create an accident and damage of a different type from the misadventure and damage that could be foreseen? in my judgment it did not. the accident ..... shelter. in and around it they found aids to exploration readily at hand. within the canvas shelter or tent was the uncovered man-hole. nearby was a section of a ladder. nearby also there were lighted lamps. pursuing their boyish whims, they must have thought that as a place for play it was bounteously equipped. ..... the defender cannot, i think, escape liability by contending that he did not foresee all the possibilities of the manner in which allurementsthe manhole and the lanternwould act upon the childish mind. the respondent relied upon the case of muir v. glasgow corporation, 1943 s.c. (h.l.) 3, and particularly on certain observations .....
Tag this Judgment!Court : House of Lords
..... he injures himself, can the man circumvent that difficulty by persuading a colleague to joint him in doing the wrongful act? can the two workmen then each say my colleague was negligent along with me; our one joint explosion blew us both up; therefore his negligence caused my injury and my negligence caused his injury and our employer must ..... was being done by both men together and he regarded the fact that george's hand fired the explosion as merely an incidental factor. at first sight it may seem odd that when two men mutually assent to do a dangerous act, it should be held that each has partially caused the injuries of the other. one workman owes ..... the employers of both brothers, on the basis that both were engaged together in a negligent act and one which was performed in breach of a statutory duty imposed by regulation 27(4) of the quarries (explosives) regulations, 1959, made under the mines and quarries act, 1954. regulation 27(4) reads as follows: no shot firer shall fire any round .....
Tag this Judgment!Court : House of Lords
..... an agreement to grant a lease is certainly an interest in land; it is registrable as an estate contract class c (iv): see land charges act 1925, section 10; land charges act 1972, section 2(4). so here we have the case of an agreement being effectually discharged by frustration notwithstanding that it has created an estate or interest in ..... either party, the demise charter would clearly be frustrated. if the same demise charterer also leases an adjacent shore installation for the same purpose and the same explosion destroys that installation along with the demise-chartered ship, rent for that storage installation would remain payable in full for the unexpired period of the lease though ..... on parties to a lease. take the case of a demise-chartered oil tanker lying alongside an oil storage tank leased for a similar term, and an explosion destroying both together. the question is entirely open in your lordships' house, as was recognized in the cricklewood property case. in my view a lease is .....
Tag this Judgment!Court : House of Lords
..... was charged with a number of offences, the material one being conspiracy to cause explosions likely to endanger life or cause serious damage to property, contrary to section 3(1)(a) of the explosive substances act 1883 and section 7 of the criminal jurisdiction act 1975. iii. the trial. 18. in june 1990 the trial against the claimant ..... and discharged and his position is not material to these proceedings. the prosecution alleged that the claimant was involved in a conspiracy to cause explosions. the prosecution contended that he acted as the quarter master for an active ira unit. specifically, the prosecution relied on the fact that he was responsible for renting the ..... application for judicial review came before the divisional court (simon brown lj and scott baker j): [2002] 1wlr 1857. the court held that under section 133 of the 1988 act a miscarriage of justice was the wrongful conviction of an innocent defendant. the claimant did not come within this category. the court further held that .....
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