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美国侵权法案例-Blyth v. Company Proprietors of the Birmingham Water Works |
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时间：2008-07-08
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Blyth v. Company Proprietors of the Birmingham Water Works 1856, 11 Ex. Ch. 781 is a famous case in English law concerning reasonableness in the law of negligence. The defendants were the water works for the neighbourhood of Birmingham. They 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 Water Works for negligence. In establishing the basis of the case, Baron Alderson, made what has become a famous definition of negligence: "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 doing something which a prudent and reasonable man would not do." The court found that the severe frost could not have been in the contemplation of the Water Works. They can only be negligent if they fail to do what a reasonable person would do in the circumstances. Birmingham had not seen such cold in such a long time, and it would be unreasonable for the Water Works to anticipate such a rare occurrence. |
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