cover image: The Calcutta Weekly Notes  July 9  1951

Premium

20.500.12592/193h2c

The Calcutta Weekly Notes July 9 1951

1951

The cricket ball case had its finale in the judgment of the House of Lords [Bolton y. Stone (1951) 1 All E. R. 1078] which reversed the judgment of the majority of the Court of Appeal (1949) 2 All E. R. 851]. [...] It was of course a border-land case and one of the law Lords while agreeing that the appeal should be allowed expressed sypathy with the decision of the majority in the Court of Appeal. [...] Among the facts found by the trial Judge were (i) that a house substatially nearer the ground than the place where the respondent was injured had been hit by a crick's ball driven out of the ground on certain occasions in the previous few years ; (ii) that the hit which occasioed the respondent's injury was altogether exceptional ; and (iii) that it was very rare 'indeed that the !)-all was [...] In the action and in appeal the responent contended that the appellants wernegligent in failing to take any sufficient precaution to prevent escape of cricket bails from the ground and the appellants. [...] The Supreme Court and the High Courts must develop the limits of exercise of their power and its practice and procedure by the requirements of the country from time to time and not by following what the Court of King's Bench did or does.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes July 9 1951
cxiii-cxvi unknown view

Related Topics

All