Blyth v. Birmingham Waterworks Co.
Facts:
Defendants installed water mains in the street with fire plugs at various places. A plug by plaintiff's house leaked as a result of a severe frost, causing water damage to plaintiff's house. The plug worked fine for twenty-five year prior.
Procedural History:
Jury found the defendant liable for negligence and awarded a judgment, which he appealed.
Issue:
Is defendant liable for not preparing pipe against severe frost?
Rule:
To be liable for negligence by omitting something, it has to be something that a reasonable person would have done.
Reasoning:
The pipe had not had problems with any previous winters, and only caused damage when the frost unforeseeably severe. A reasonable person would not have expected such a severe frost and therefore would not have prepared against it. Therefore, plaintiff is not liable for negligence.
Holding:
No, an abnormally severe frost is not something a reasonable person would prepare for. Verdict for the defendants.
Takeaways:
To be liable for negligence by omitting something, it has to be something that a reasonable person would have done.
Bell's: Must be reasonable in average circumstances.