Reports of Cases Determined On Appeal From the Decisions of the Revising Barristers in the Common Pleas And Queen's Bench Divisions of the High Court of Justice, And On Appeal Therefrom in the Court of Appeal

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LiNDLEY, L.J. — I am of opinion that the view taken by the Revising Barrister and in the Court below was correct. We start with the admitted fact that Roberts was originally an occupier as distin- guished from a lodger. The only question is, whether the facts which are stated in this special case are such as to convert him into a lodger. I adhere to what I said on a former occasion (b), viz., that the word " lodger " involves the idea of a personal relation between the lodger and some person wi
...th whom he is lodging, and I think that that relationship is one which it is more easy to destroy than to create without the lodger's consent. At present, I do not see how an occupier can, without his consent, be converted into a lodger, though I do see how, as is pointed out in Morton (a) Ante, p. 163; S. 0. L. R. 8 Q. B. D. 195.
(6) 51 4 /. Q. B, D. 11.
306 MICHAELMAS SITTINGS.
1882. V. Palmer {a), a person can cease to be a lodger by the Ancketill. act of his landlord. The question which we have to Baylis.


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