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Blyth v Birmingham Waterworks Co
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Blyth v Birmingham Waterworks Co : ウィキペディア英語版
Blyth v Birmingham Waterworks Co

''Blyth v Birmingham Waterworks Company'' (1856) 11 Ex Ch 781 concerns reasonableness in the law of negligence. It is famous for its classic statement of what negligence is and the standard of care to be met.
==Facts==
The defendants, Birmingham Waterworks Company, were the water works for Birmingham and had been incorporated by statute for the purpose of supplying Birmingham with water. The statute provided that:
the company should, upon the laying down of any main-pipe or other pipe in any street, fix, at the time of laying down such pipe, a proper and sufficient fire-plug in each such street, and should deliver the key or keys of such fire-plug to the persons having the care of the engine-house in or near to the said street, and cause another key to be hung up in the watch-house in or near to the said street. By sect. 87, pipes were to be eighteen inches beneath the surface of the soil. By the 89th section, the mains were at all times to be kept charged with water. The defendants derived no profit from the maintenance of the plugs distinct from the general profits of the whole business, but such maintenance was one of the conditions under which they were permitted to exercise the privileges given by the Act. The main-pipe opposite the house of the plaintiff was more than eighteen inches below the surface. The fire-plug was constructed according to the best known system, and the materials of it were at the time of the accident sound and in good order.

The defendant had installed a fireplug into the hydrant near Mr Blyth's house. That winter, during a severe frost, the plug failed causing a flood and damage to Mr Blyth's house. Blyth sued the Waterworks for negligence.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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