Haley v London Electricity Board

Subject Matter

JUDICIAL PRECEDENT — Extempore judgment — Weight — Judgment of Court of Appeal — Extempore after inadequate argument — Whether equally authoritative with decision after full argument and with mature consideration

[1965] AC 778; [1964] 3 WLR 479; [1964] 3 All ER 185; 63 LGR 1, HL(E)

NEGLIGENCE — Duty of care to whom? — Blind person — Excavation in pavement — Excavation guarded by sloping handle of punner-hammer — Guard sufficient for sighted person — Blind person tripped up by handle and injured — Ambit of duty owed to pedestrians

[1964] 2 QB 121; [1964] 2 WLR 444; [1963] 3 All ER 1003, CA

[1965] AC 778; [1964] 3 WLR 479; [1964] 3 All ER 185; 63 LGR 1, HL(E)

NUISANCE — Statutory undertaker, liability of — Highway — Electricity undertaking — Excavation in pavement pursuant to statutory powers — Excavation guarded by sloping handle of punner-hammer — Guard sufficient for sighted person — Blind person tripped up by handle and injured — Whether special duty owed to blind persons — Gasworks Clauses Act, 1847, s 6 — Electricity Lighting Act, 1882, s 12 (as amended) — Public Utilities Street Works Act, 1950, s 8

[1964] 2 QB 121; [1964] 2 WLR 444; [1963] 3 All ER 1003, CA

Appellate History