Lowery v Walker [1911] AC 10

Facts:

  • C was injured by a horse when using a shortcut across D’s field.
  • The land had been habitually used as a shortcut by members of the public for many years and D had taken no steps to prevent people coming on to the land. D was aware that the horse was dangerous.

 Ratio:

  • D was liable.
  • A claimant who regularly used a short-cut across D’s land had an implied permission to be there.

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