The Law of Torts : a Treatise On the English Law of Liability for Civil Injuries

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What is the duty of an occupier towards a bare licensee Dity to after he has entered on the premises ? This seems not to have ^^entry been fully considered, but it is clear that the occupier is liable if he knowingly creates a new source of concealed danger and gives no warning of it. 11 Presumably he is also liable if he or his servants do any positive act of negligent misfeasance by 9 See also, as to bare licensees, Smith v. London & St. Katharine's Docks Co. (1868) L.R. 3 C.P. 326; The Apoll...o (1891) A.C. 499; White v. France (1877) 2 C.P.D. 308 ; Holmes v. N.E. Rly. Co. (1869) L.R. 4 Ex. 254 ; Corby v. Hill (1858) 4 C.B. (N.S.) 556 ; Sullivan v. Waters (1864) 14 Ir. C.L.R. 460.
10 (1903) 2 K.B. 219.
ii Corby v. Hill (1858) 4 C.B. (N.S.) 556.
364 LIABILITY FOR DANGEROUS PROPERTY. [Chap. XII.
which, the licensee suffers harm, as by negligently driving over a person whom he has permitted to use a private way. " The grantee," says Cockburn, C.J., in Gallagher v. Humphrey, 12 " must use the permission as the thing exists.


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