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Lloyd's Law Reports

BURLEY, LTD. v. LLOYD, LTD.

(1929) 34 Ll.L.Rep. 350

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Negligence-Damage to plaintiffs' sailing barge in Milton Creek - Grounding upon wooden frame covering pipes in river bed-Work licensed by Milton Creek Conservators - Misfeasance - Creation of obstruction and nuisance by defendants-Absence of sufficient warning or notice - Reasonable care exercised by plaintiffs - Director of plaintiff company also member of Conservancy Board when plans authorised -Whether plaintiffs had constructive notice of nuisance - Private Act as justifying infringement of public rights -Onus of proof - Judgment for plaintiffs.

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