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The window panels of a building belonging to the defendant, which was by the side of a highway, had…

In Leanse v. Egerton (1943), glass from a window broken in an air raid fell on a highway user several days later, and the occupier, who could have known of the damage and…

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The window panels of a building belonging to the defendant, which was by the side of a highway, had been broken one Friday in an air-raid. The plaintiff was injured by a glass falling from the window the next Thursday by which time no repairs had been got done by the defendant. In this case, which one of the following is correct?

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Correct answer B

In Leanse v. Egerton (1943), glass from a window broken in an air raid fell on a highway user several days later, and the occupier, who could have known of the damage and repaired it, was held liable in nuisance: "The defendant is liable for nuisance". An occupier is liable for a nuisance to the highway once he knows or ought to know of it and fails to abate it.

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