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Skips in road a 'nuisance' •

28th January 1972
Page 20
Page 20, 28th January 1972 — Skips in road a 'nuisance' •
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Which of the following most accurately describes the problem?

• A builder's skip deposited in the road constituted a nuisance, whether it was lit or unlit, Mr Justice Forbes said when delivering judgment on an action in negligence and nuisance (Wills v. T. F. Martin (Roof Contractors) Ltd, Croydon) in the Queen's Bench Division on January 19.

A skip, said the judge, was capable of being a nuisance. A skip had no business to be on the highway because it was not a vehicle, and to deposit it there was not a normal user of the highway.

However, the plaintiff, Mr P. Wills, of Kenley, Surrey, who was injured when his moped collided with the skip, had to show that the obstruction was dangerous. The evidence on whether the skip was lit was conflicting and the judge was not satisfied on this point. He would not accept that the skip was a dangerous obstruction arid dismissed the action.

Tags

Organisations: Queen's Bench Division
People: P. Wills
Locations: Surrey

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