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
Date decided 1856

Facts

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.

Procedural History

The jury rendered a verdict citing negligence for the plaintiff. The defendant appealed

Issues

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.

Holding

Verdict entered for the defendants.

Reasons

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.