Facts
A coal merchant's men left a cellar flap open on a railway platform, and a passenger fell in.
Issue
Was the occupier liable?
Held
The occupier could be liable because of a duty to the public that could not be delegated.
Principle
Generally no one is liable for an (Williams J), subject to exceptions.
Why it matters
Independent contractors.
Cited in these chapters
See also
- Justice Williams · Judge
Cite this page
Pickard v Smith (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/pickard-v-smith> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.