Blyth v Birmingham Waterworks – Case Summary. By statute, they were under an obligation to lay pipes and gratuitously provide fire-plugs for putting out fires. This paper seeks to defendants with mental appear to be an attractive option, it is an area of 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. 11 Exch. 781, 156 Eng.Rep. Water seeped through P's house and caused damage. Rep. 1047 (Ex. 25 years after it was installed, the water main sprung a leak […] In Blyth v Birmingham Waterworks (1856) flooding of the plaintiff’s property was caused by the failure, in very cold weather, of a valve in the defendant’s mains water pipes. EVER since Blyth v. Birmingham Waterworks it has been usual to state the standard for negligence by reference to the ‘‘ reasonable man,” or the “ prudent and reasonable man,” the terms used by Baron Alderson in his judgment. Facts: The defendants installed a fire plug near the plaintiff’s house that leaked during a severe frost, causing water damage. The pipes were over 25 years old. May 12, 2019 casesummaries. Blyth v. Birmingham Water Works Co. Court of Exchequer, 1856. Citations: 156 ER 1047; (1856) 11 Ex 781. Written and curated by real attorneys at Quimbee. Procedural History: 5 Blyth v Birmingham Waterworks • supra per Alderson B 6 "1 The existence in law of a duty of care situation, i.e., one in which the law attaches liability to carelessness. 1856), Court of Exchequer, case facts, key issues, and holdings and reasonings online today. ” Negligence is the omission to do something which a reasonable man y guided upon those considerations which ordinarily regulate the conduct of human affairs, would do ; or doing something which a prudent and reasonable man would not do ” (Alderson, B.) Blyth v The Company of Proprietors of the Birmingham Waterworks Court of Exchequer. Facts. 1047. One of the plugs on the pipes sprang a leak because of a severe winter frost. Get Blyth v. Birmingham Water Works, 156 Eng. The jury found … 6 February 1856 _____ This was an appeal by the defendants against the decision of the judge of the County. The defendant was a water supply company. 2 McGuire v Western Morning News Co Ltd 3 Papatonakis v Australian Telecommunications Commission IN NEGLIGENCE: T WITH DEMENTIA WENDY BONYTHON ∗ ABSTRACT these characteristics. Prosser, pp. P sued D for negligence. The court held that, to avoid liability for negligence, the defendant was not required to take every possible precaution EVER since Blyth v. Birmingham Waterworks it has been usual to state the standard for negligence by reference to the " reasonable man," or the " prudent and reasonable man," the terms used by Baron Alderson in his judgment. 1 Blyth v Birmingham Waterworks Co (1856) 11 Ex 781 156 ER 1047, 784. Facts 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 Waterworks Co. English Court - 1856 Facts: D installed the water mains on the street where P lived. 132-133 . 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