Miller v Jackson 1977 Flashcards
1
Q
Facts.
A
Miller sues cricket club for both nuisance and negligence because the cricket balls kept flying over the fence and damaging the property.
2
Q
Lord Denning.
A
The cricket club was there first, if the Miller family don’t like it they can move. It was reasonable to foresee cricket balls coming over the fence.
3
Q
Geoffrey Lane LJ
A
Risk is foreseeable and foreseen. This is not a one - off incident. It is the cricketers duty to conduct operations so as not to harm people they can or ought to reasonably foresee may be affected.
