Lowery v Walker [1911] AC 10 House of Lords
The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous.
Held:
The defendant was liable. Whilst the claimant did not have express permission to be on the land, a licence was implied through repeated trespass and the defendant’s acquiescence.
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