National Coal Board v JE Evans & Co

285 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of

If you would like to view samples of the work produced by our academic writers please click here.

National Coal Board v JE Evans & Co (Cardiff) Ltd [1951] 2 KB 861

Tort – Trespass – Whether lack of knowledge can amount to negligence


An electrical cable was placed under the land of the county council by the National Coal Board (NCB) or its predecessors, without the council’s knowledge, as far as could be established. The council contracted JE Evans & Co (Evans) to excavate a trench on the land. Evans had no knowledge or indication there was a cable. When excavating the land, the cable was struck and damaged. NCB brought a cause of action for trespass.


Whether Evans could be found to have acted negligently when excavating, even without knowledge of the cable. In the alternative, whether Evans’ failure to give immediate notice to NCB that the cable had been struck, amounted to negligence.


No liability in trespass could be found since the act was involuntary and accidental. The act of Evans was neither negligent nor wilful and was “utterly without fault”. The liability for negligence and injury lay with the NCB or their predecessors for failing to notify the council when they placed the cable under their land without knowledge or consent from the council. The case of Weaver v Ward (1616) Hob. 134 was applied in that, where a defendant is entirely with fault, it is a good defence to trespass. Where the cable was hidden and put there without permission or knowledge, no blame could possibly be attached. The damage was therefore caused indirectly by the predecessors.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

купить академическую справку вуза

Андровер купить

Ready to get started?