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Matheson v Attorney-General - [1956] NZLR 849

$30.00

High Court Wellington
22–24 November; 1 December; 20 December 1955
Turner J
Court of Appeal Wellington
12, 13, 16 April; 27 July 1956
Gresson J Stanton J McGregor J
Negligence — Licensee — Undisturbed Use by Public of Pathway across Crown Land for Twenty Years — Knowledge of Railway Servants with Ostensible Authority — Such Knowledge imputed to Crown — Users of Pathway Licensees — Children playing on Turntable near Path over Some Years — Knowledge thereof imputed to Crown as Owner — Child injured while playing on Turntable — Dangerous Allurement — No Reasonable Precautions taken to Guard against Danger to Children — Such Degree of Tolerance and Acquiescence as to constitute Child a Licensee on Turntable as well as on Pathway — Such Licence not ultra vires Railways Department.
Infants and Children — Negligence — Railway Turntable — Dangerous Allurement — No Precautions taken to guard against Danger to Children — Tolerance and Acquiescence of Railway Servants constituting Child a Licensee on Turntable.

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