Monday, 4 January 2010
Wednesday, 30 December 2009
TUTTON AND OTHERS v. A. D. WALTER LTD

The plaintiffs kept bees near land farmed by the defendant company and upon which grew a crop of oil seed rape. The flowers of rape, although self-pollinating, were particularly attractive to bees. The crop was affected by seed weevils to a degree which justified control by spraying with an insecticide. The insecticide was known to be dangerous to bees and the advice to farmers from both government agencies and the manufacturers emphasised the need to protect bees by not spraying during the flowering period and that the insecticide was most effective when spraying took place after the flowering period. In early June, while the oil seed rape was still substantially in flower and being worked by the bees, the defendants, having given a warning only 24 hours earlier to only two of the five plaintiffs, sprayed the field with insecticide, killing the bees.
On the plaintiffs' claim for damages in negligence for the loss of their colonies of bees:-
Held, (1) that, although the defendants were carrying out a lawful activity on their land and neither invited nor needed the presence of the bees to pollinate the crop, it was unreal to divide bees into the categories of invitees, licensees or trespassers, since it was inevitable from the use to which the defendants had put the land that the bees would be present in large numbers during the flowering season; that the defendants owed a common duty of care to neighbouring bee keepers since they knew of their presence in the neighbourhood, had knowledge of the danger to bees of spraying during the flowering period and had the bee keepers in their contemplation before
(Donoghue v Stevenson applied)
Sunday, 20 December 2009
III. NATURE. XV. THE BEE.

Like trains of cars on tracks of plush
I hear the level bee: A jar across the flowers goes,
Their velvet masonry
Withstands until the sweet assault
Their chivalry consumes,
While he, victorious, tilts away
To vanquish other blooms.
His feet are shod with gauze,
His helmet is of gold;
His breast, a single onyx
With chrysoprase, inlaid.
His labor is a chant,
His idleness a tune;
Oh, for a bee's experience
Of clovers and of noon!
by Emily Dickinson
Thursday, 17 December 2009
Wednesday, 16 December 2009
buried in honey


