This section contains the nature of the case and procedural background.

Haley (P) had become blind many years ago. He conquered this disability and was employed as a telephonist. He lived in South East London and walked with his stick the 100 yards and with assistance crossed the main road to board a bus. On the morning in question, P was walking from home when London’s (D) workmen had begun excavating a trench on P’s normal path to his bus. P tripped over an obstacle and was hurt such that he became deaf. P sued D for negligence. D had authority to make the excavation, but that authority required that it must be adequately fenced and guarded. D argued that even while this was so, there was no civil liability for a breach of such a statutory duty. The evidence showed that D’s men were given no instructions on how to fence and guard their work. The put notice boards on one end and at the other the put a pick and a shovel with a punner at the end. They put the heavy end of the punner on the pavement near the curb and the other on the railing. D had approached in his normal and proper manner but missed the punner handle. It was established that P had always been able to detect post office excavations because they used a light fence as they constructed it to take into account, blind persons. The trial court ruled against P and P appealed.

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