Sunday, 13 November 2016

Konskier vs. Goodman ltd

A firm of builders and contractor, engaged in pulling down the upper storey of a house in a certain street, a obtained from the then owner and occupier of the adjoining house;no 87,a license  to pull down part of the chimney stacks of no87, in consideration of which they undertook to rebuild it and to  make good any damage caused to no  87 in doing any work In  June 1926 they furnished the work of pulling down and rebuilding  but they omitted to remove a  quantity of rubbish which they had allowed to fall on the roof of no 87.in the course of time this rubbish, being carried down by a drain pipe from the roof,clorke a gully in the basement of no 87. In July 1926, the plaintiff became tenants of no87. In September 1926,a heavy storm of  rain flooded the basement of that house owing to the gully being stopped. In an action  by the plaintiff against the builders held; That the defendant were not liable in an action for negligence, inasmuch as they owed no duty to the  plaintiff who had no interest in the premises at the time when their breach of the duty to remove the rubbish was omitted; but that in allowing the rubbish to remain beyond reasonable time after their work was finished they were guilty of a trespass, which was continuing when the plaintiff became tenants he tenants of no87 and that they were liable on  that account.

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