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Bolton v Stone
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Bolton v Stone : ウィキペディア英語版
Bolton v Stone
''Bolton v. Stone'' () AC 850, () 1 All ER 1078 is a leading House of Lords case in the tort of negligence, establishing that a defendant is not negligent if the damage to the plaintiff was not a reasonably foreseeable consequence of his conduct. The plaintiff was hit by a cricket ball which had been hit out of the ground; the defendants were members of the club committee.
==Facts==
On 9 August 1947, during a game of cricket against the Cheetham 2nd XI at Cheetham Cricket Ground in Manchester, a batsman from the visiting team hit the ball for six. The ball flew out of the ground, hitting the claimant, Miss Stone, who was standing outside her house in Cheetham Hill Road, approximately from the batsman.
The club had been playing cricket at the ground since 1864, before the road was built in 1910. The ground was surrounded by a fence, but the ground sloped up so the fence was above the level of the pitch where the ball passed, about from the batsman. There was evidence that a ball had been hit that far out of the ground only very rarely, about six times in the last 30 years, although people living closer to the ground reported that balls were hit out of the ground a few times each season.
The claimant argued that the ball being hit so far even once was sufficient to give the club warning that there was a risk of injuring a passer-by, fixing it with liability in negligence for the plaintiff's injuries. The claimant also claimed under the principle in ''Rylands v Fletcher'', that the ball was a dangerous item that had "escaped" from the cricket ground, and in nuisance.

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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