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Edwards v Railways Executive [1952] AC 737 House of Lords

A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use the railway as a short cut. Witness testimony was to the effect that the fence was in good repair the morning of the incident.

Held:

No licence was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway.

Lord Goddard:

"Repeated trespass of itself confers no licence"
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