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7. Blyth v Birmingham waterworks 1856
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Facts: A wooden plug in a water main became loose in a severe frost. The plug led to a pipe which in turn went up to the street. However, this pipe was blocked with ice and the water instead flooded the claimant’s house.
Ratio: “Negligence is the omission to do something which a reasonable man
guided upon those considerations which ordinarily regulate the conduct of
human affairs, would do, or something which a prudent and reasonable
man would not do” - Baron Alderson.
Outcome : Negligence claim failed- D followed reasonable precautions
Relevance: Set the definition of negligence.
Ratio: “Negligence is the omission to do something which a reasonable man
guided upon those considerations which ordinarily regulate the conduct of
human affairs, would do, or something which a prudent and reasonable
man would not do” - Baron Alderson.
Outcome : Negligence claim failed- D followed reasonable precautions
Relevance: Set the definition of negligence.
7. Blyth v Birmingham waterworks 1856
Blyth v Birmingham Water Works
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