Blyth v. Birmingham Waterworks Co.
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|Blyth v. Birmingham Waterworks Co.|
|Court||Court of Exchequer|
|Citation||11 Exc. 781|
156 Eng.Rep. 1047
Defendants had installed water mains in the street with fire plugs at various points some 30 years ago. The plug opposite the plaintiff’s house sprung a leak during a severe frost causing damage into the plaintiff’s house.
The jury rendered a verdict citing negligence for the plaintiff. The defendant appealed
Whether the defendant was negligent in omitting to do something a reasonable man would have done or did something which a reasonable and prudent man would not have done.
Verdict entered for the defendants.
The defendants had provided against such frosts as experience would have led reasonable men, acting prudently, to provide against and therefore cannot be guilty of negligence.