Where a footpath defect is visible in daylight, the onus is on the plaintiff to prove that lighting conditions at the time of a nighttime accident were such that a sober pedestrian exercising reasonable care could not have seen the defect. A plaintiff's intoxication is relevant to causation and contributory negligence, not to the scope of the council's duty of care. The case illustrates the evidentiary burden on plaintiffs in nighttime footpath cases and the importance of calling available witnesses.
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