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The scales of justice on a plain background

Searle v Wallbank

1947 · [1947] AC 341

Posted By lanbuk.com

Facts

A horse strayed from a field onto the highway, and a cyclist collided with it.

Issue

Does an owner owe a duty to keep animals off the highway?

Held

No liability.

Principle

At common law there was no duty to fence land to keep ordinary domestic animals off the highway.

Why it matters

An old rule, later changed by statute in England. Check the position in Sierra Leone.

Cited in these chapters

Cite this page

Searle v Wallbank [1947] AC 341 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/searle-v-wallbank> 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.