Hall? JISCBAILII_CASE_TORT Neutral Citation Number: [1856] EWHC Exch J65(1856) 11 Exch 781; 156 ER 1047 IN THE COURTS OF EXCHEQUER 6 February 1856 B e f o r e : _____ Between: BLYTH v THE COMPANY OF PROPRIETORS OF THE BIRMINGHAM WATERWORKS _____ This was an appeal by the defendants against the decision of the judge of the County. BPILS—Breach of duty One quote which featured at the start of the Duty of Care topic was the one from Blyth v Birmingham Waterworks. The ice had been observed on the surface of the ground for a considerable time before the accident. ?3 M. & Gr. Verdict to be entered for the defendants. This space was necessarily left for the purpose of easily and quickly removing the wooden plug to allow the water to flow. Birmingham Waterworks Co were responsible for laying water pipes and other infrastructure around the Birmingham area They installed a water main on the street where Blyth lived. Blyth v. Birmingham Water Works Co. Court of Exchequer, 1856. The pipes were over 25 years old. Case Name Citation Court Audio; Honda of America MFG., Inc. v. Norman: 104 S.W. One must take reasonable care to … Note: The following opinion was edited by LexisNexis Courtroom Cast staff. 2 McGuire v Western Morning News Co Ltd 3 Papatonakis v Australian Telecommunications Commission IN NEGLIGENCE: T WITH DEMENTIA WENDY BONYTHON ∗ ABSTRACT these characteristics. If you search for an entry, then decide you want to see what another legal encyclopedia says about it, you may find your entry in this section. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × In Blyth v. Birmingham Water Works Co, Negligence was defined as the omission to do something which a reasonable man would do or doing something which a prudent or reasonable man would not do. As such, the penetration of an obligation of care implies that the individual who has a current obligation of care should act carefully and not discard or submit any demonstration which he needs to do or not do as said on account of Blyth v. Birmingham Waterworks Co, (1856). He thought that, if the defendants had taken out the ice adhering to the plug, the accident would not have happened, and left it to the jury to say whether they ought to have removed the ice. The plug was also inclosed in a cast iron tube, which was placed upon and fixed to the brickwork. The defendants might have been liable for negligence, if, unintentionally, they omitted to do that which a reasonable person would have done, or did that which a person taking reasonable precautions would not have done. Citations: 156 ER 1047; (1856) 11 Ex 781. Facts. Email Address * First Name Sidaway v Bethlem Royal Hospital Governors [1985] 1 All ER 643. Browse or search for Blyth V. Birmingham Waterworks Co. in Historical Law in the Encyclopedia of Law. Blyth v. Birmingham Water Works Co. Court of Exchequer, 1856. The defendants were not bound to keep the plugs clear. The article will be co-authored by Dr Pauline Whitehouse who assisted me in the small empirical study looking at this issue. The jury found … Blyth v Birmingham Waterworks Co (1856) 11 Exch 781 A water company having observed the directions of the Act of Parliament in laying down their pipes, is not responsible for an escape of water from them not caused by their own negligence. Facts. Facts: The defendants installed a fire plug near the plaintiff’s house that leaked during a severe frost, causing water damage. (1 M. & W. 452). BLYTH v. BIRMINGHAM WATERWORKS CO. COURT OF EXCHEQUER (Alderson, Martin, and Bramwell, BB.) February 6, 1856 11 Exch. A short time after the accident, the company's turncock removed the ice from the stopper, took out the plug, and replaced it. Keep up to date with Law Case Summaries! You might be interested in the historical meaning of this term. The ice had been observed on the surface of the ground for a considerable time before the accident. In Blyth v. Birmingham Waterworks Co., it was held that “Negligence is omitting to do something which a reasonable man would do or the doing of something which a reasonable man would not do”. for the purpose of supplying Birmingham with water. 25 years after it was installed, the water main sprung a leak […] N. S. 247, S. C. BLYTH v. BIRMINGHAM WATERWORKS CO., 156 ER 1047 (1856), THE COMPANY OF PROPRIETORS OF THE BIRMINGHAM WATERWORKS, PETER v. NANTKWEST, INC., 589 U.S. ___ (2019), MITCHELL v. WISCONSIN, 588 U.S. ___ (2019), DEPARTMENT OF COMMERCE v. NEW YORK, 588 U.S. ___ (2019). A reasonable man would act with reference to the average circumstances of the temperature in ordinary years. ____________________, 156 ER 1047, (1856) 11 Exch 781, [1856] EWHC Exch J65. Tort of Negligence 2 Abstract In Blyth v Birmingham Waterworks Co negligence is defined as an omission to do something for which a reasonable man guided upon those regulations which ordinarily control how human affairs are conducted, would do or something which an individual who is reasonable and prudent, would not have done. It would continued by citing a relevant case such as Blyth v Birmingham Waterworks Co. 2. Facts: The defendants installed a fire plug near the plaintiff’s house that leaked during a severe frost, causing water damage. IN THE COURTS OF EXCHEQUER The company omitted to take sufficient precautions. 11 Exch. The jury found a verdict for the plaintiff. He thought, that, if the defendants had taken out the ice adhering to the plug, the accident would not have happened, and left it to the jury to say whether they ought to have removed the ice. 25 years after it was installed, the water main sprung a leak due to extreme frost. The accident cannot be considered as having been caused by the act of God:?Siordet v. The study will also be reported in the article. 7 Geo. Baron BRAMWELL. Found in: Construction. The fire-plug is placed in the neck of the main. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. ABSTRACT According to the most common reading of Oliver Wendell Holmes, Jr.’s theory, law should be approached and understood as the bad man himself would approach and understand it. This was an appeal by the defendants against the decision of the judge of the County. He wanted compensation for the damage done to his house Blyth v Birmingham Waterworks Co (1856) 11 Exch 781 1856 Baron Alderson Negligence 1 Citers Levy v Spyers [1856] 1F&F 3 1856 Negligence “It is negligence where there are two ways of doing a thing, and one is clearly right, and the other is doubtful, to do it in the doubtful way” 1 Citers Brass v Maitland (1856) 6 E & B 470 1856 Negligence Talk:Blyth v Birmingham Waterworks Co. Jump to navigation Jump to search. You might be interested in the historical meaning of this term. Maintained • . There was a particularly heavy frost one winter and, as a result, this broke and there was massive flooding to Mr Blythe’s house. The tube was closed at the top by a moveable iron stopper having a hole in it for the insertion of the key, by which the plug was loosened when occasion required it. One of the severest frosts on record set in on 15 Jan 1855, and continued until after the accident in question. 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