Results: 134

• Davies v Swan Motor Co (Swansea) Ltd

  15 Feb 1949 [1949] 2 KB 291, CA (Bucknill, Evershed and Denning LJJ)

  Subsequent considerations : 6 positive; 1 neutral; most recently considered: 1988. Subsequent citations: 36.
  NEGLIGENCE — Contributory negligence does not postulate a duty by plaintiff to defendant — Sole question whether failure to exercise reasonable care was a cause of the injury
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  Case index catchwords

  NEGLIGENCE — Contributory negligence does not postulate a duty by plaintiff to defendant — Sole question whether failure to exercise reasonable care was a cause of the injury — Davies v. Mann decision, to-day — “Last opportunity” as a test on causation — Law Reform (Contributory Negligence) Act, 1945, 8 & 9 Geo. 6, c. 28) s. 1.

  1 Statute considered
• R v H Sherman Ltd

  11 Jul 1949 [1949] 2 KB 674, CCA

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  CRIME — Criminal law — Charge against incorporated company
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  Case index catchwords

  CRIME — Criminal law — Charge against incorporated company — Indictable offence — Purported verbal committal for trial by magistrate — Subsequent written order by magistrate empowering prosecutor to prefer bill at Assizes — Bill signed by clerk of assize before order drawn up — Indictment bad — Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 33 — Administration of Justice (Miscellaneous Provisions) Act, 1933 (23 & 24 Geo 5, c. 36), s. 1.

  2 Statutes considered
• Morgan & Son Ltd v Martin Johnson & Co Ltd

  03 Jun 1948 [1949] 1 KB 107; [1948] 2 All ER 196; 64 TLR 381; (1948) 92 SJ 391, CA (Tucker and Cohen LJJ)

  Subsequent considerations : 2 positive; most recently considered: 1966. Subsequent citations: 15.
  PRACTICE — Specially indorsed Writ — Claim for storing vehicles
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  Case index catchwords

  PRACTICE — Specially indorsed Writ — Claim for storing vehicles — Equitable defence — Right to unconditional leave to defend — R. S. C. Or. 14.

  1 Statutory Instrument considered

• Jacobs v London County Council

  24 Mar 1949 [1949] 1 KB 685, CA

  NEGLIGENCE — Personal injuries — Negligence
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  Case index catchwords

  NEGLIGENCE — Personal injuries — Negligence — Defective and projecting stopcock on forecourt between pavement and shop — Injured party stepping from pavement on to forecourt, intending to visit shop — Defendants occupiers of forecourt — User of highway — Invitee or licensee — Nuisance adjoining highway.
• Hastings & Folkestone Glassworks Ltd v Kalson

  23 Nov 1948 [1949] 1 KB 214; [1948] 2 All ER 1013; 64 TLR 631; 47 LGR 155; (1949) 113 JP 31, CA (Tucker, Asquith LJJ and Harman J)

  Subsequent considerations : 1 positive; most recently considered: 1976. Subsequent citations: 1.
  COMPANY — Director — Memorandum and articles of association
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  Case index catchwords

  COMPANY — Director — Memorandum and articles of association — Disqualification — “Convicted of an indictable offence” — Conviction of offence against Defence (Finance) Regulations, 1939, by court of summary jurisdiction.

  1 Statutory Instrument considered

• R v Secretary Of The Board Of Control (In re Dawson, Ex parte Abdul Kayum)

  19 Oct 1948 [1949] 1 KB 183; [1948] 2 All ER 853; 65 TLR 39; 47 LGR 72; (1948) 92 SJ 719, DC (Lord Goddard CJ, Humphreys and Byrne JJ)

  MENTAL CAPACITY — Mental deficiency — Powers of Board of Control
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  Case index catchwords

  MENTAL CAPACITY — Mental deficiency — Powers of Board of Control — Power to make order “in case of any institution” — Order made for all certified institutions — Validity — Habeas corpus — Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 11, sub-s. 1, proviso.

  1 Statute considered

• Caminer and Wife v Northern and London Investment Trust Ltd

  12 Apr 1949 [1949] 2 KB 64, CA

  NEGLIGENCE — Nuisance — Fall of tree on highway
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  Case index catchwords

  NEGLIGENCE — Nuisance — Fall of tree on highway — Injury to motorists driving on highway — Fall of tree attributable to root disease — No indication of disease — Failure to lop — Duty of occupier of land with regard to trees thereon.
• Reading v Attorney-General

  10 May 1948 [1948] 2 KB 268; [1948] 2 All ER 27; (1948) 92 SJ 426; (1948) 92 SJ 426, KBD (Denning J)

  19 May 1949 [1949] 2 KB 232; [1949] 2 All ER 68, CA (Tucker, Asquith and Singleton LJJ)

  01 Mar 1951 [1951] AC 507; [1951] 1 All ER 617; (1951) 95 SJ 155, HL (Viscount Jowitt LC, Lord Porter, Lord Normand, Lord Oaksey, Lord Radcliffe)

  Subsequent considerations : 2 positive; 2 neutral; most recently considered: 2025. Subsequent citations: 41.
  MASTER AND SERVANT — Servant of the Crown — Military law

  PETITION OF RIGHT — Claim by British ex-soldier to money taken from him by Military authorities in Egypt — Money acquired by soldier in consideration of his presence in uniform on civilian lorry loaded with illicit cargo
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  Case index catchwords

  MASTER AND SERVANT — Servant of the Crown — Military law — Uniformed soldier — Presence on civilian lorry with illicit cargo — Money reward — Confiscation by military authorities — Court-martial conviction — Conduct prejudicial to good order and military discipline — Claim to recover money — Petition of right — Relation of Crown to soldier.

  PETITION OF RIGHT — Claim by British ex-soldier to money taken from him by Military authorities in Egypt — Money acquired by soldier in consideration of his presence in uniform on civilian lorry loaded with illicit cargo — Relation of Crown to soldier — Whether same as that of master and servant — Money acquired solely by use of uniform and military position — Title of Crown to money.
• Stone (S) & Sons (Hounslow) Ltd v Pugh

  22 Oct 1948 [1949] 1 KB 240; [1948] 2 All ER 818; 47 LGR 26; (1948) 112 JP 448; (1948) 92 SJ 689, DC (Humphreys, Lynskey and Byrne JJ)

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  FOOD AND DRUGS — Sausage meat — Deficiency in meat content
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  Case index catchwords

  FOOD AND DRUGS — Sausage meat — Deficiency in meat content — Procedure with regard to samples — Food and Drugs Act, 1938 (1 & 2 Geo. 6, c. 56), s. 70, sub-ss. 1, 2.

  1 Statute considered

• Smith and Snipes Hall Farm Ld v River Douglas Catchment Board

  03 Jun 1949 [1949] 2 KB 500, CA

  Subsequent citations: 4.
  LAND DRAINAGE — River — Flooding
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  Case index catchwords

  LAND DRAINAGE — River — Flooding — Agreement under seal by drainage board with landowner to widen, deepen and make good the banks of river and maintain completed work for all time — Contribution by landowner to cost of work — New banks unable to sta

  2 Statutes considered