Blyth v The Company of Proprietors of The Birmingham Water Works

JurisdictionEngland & Wales
Judgment Date06 February 1856
Date06 February 1856
CourtCourt of Exchequer Chamber

English Reports Citation: 156 E.R. 1047


The Company of Proprietors of The Birmingham Water Works

S C 25 L J. Ex. 212 2 Jur (N S) 333 Explained, Smith v. London and South v London and South Western Railway, 1870, L R 6 C P 14, Madras Railway v Cartimagarum (Zemandar), 1874, L R 1 Ind Ap 364

[781] blyih t thk com i- any oi Puoi'imaouh ob1 thc birmingham wateu-WuRKS Feb ( , L85tj - A water company having observed the duectiou- of fhe Act of Parliament in laying down their pipes, is not responsible tor .in e-cape of water from them not caused by their oh it negligence -The fact, that their precautions proved insufficient against the effects of a winter of extreme coldness, such as no man could have foreseen, is not sufficient to render them liable foi negligence -File-plugs* piopcily consti ucted ha\ ing been inserted a-. safrty-\alvi!- in these pipes, in pursuance of their Act - Serublc, pei Brarnwell, B, that the company are not liable for not lernoving accumulations of ice in the stieets ovci such plugs [S C -2:1 L J. Ex. 21J, 1' Jut (X &):j.U Explained, Xmitit v Lumltm an / timth W^leni Hailway, 1870, L K 6 C P 14 , MuJia^ ^ Caittttiifit/ai inn 1874, L K 1 lad Ap JG4 ] This was an appeal by the defendants against the decision of the judge of the County Court of Birmingham The case was tried before a juiy, and a verdict found for the plaintiff' for the amount claimed by the particulars. The particulars of the claim alleged, that the plaintiff sought to recover for d, image sustained by the plaintilT (a) Citing Talbot v Ti^pei , Skin. i57 ; Doe v Thuniui, i) L . ife C 288. 1048 BLYTH V. THE BIRMINGHAM WATERWORKS COMPANY 11 EX-782. by reason of the negligence of the defendants in not keeping their water-pipes and the apparatus connected therewith in proper order The case stated that the defendants were incoipoiated by stat 7 Ueo. 4, c cix. for the purpose of supplying Birmingham with water By the 84th section of their Act it was enacted, that the company should, upon the laying down of any main-pipe or other pipe in any street, tix, at the time of laying clown such pipe, a proper and sufficient h're-plug in each such street, and should dehvei the key or keys of such fire-plug to the persons having the caie of the engine-house in or near to the said street, and cause anothei key to be hung up in the watch-house in or near to the said street By sect 87, pipes weie to be eighteen...

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139 cases
5 books & journal articles
  • The Civil Law System
    • Canada
    • Irwin Books Fundamental Law for Journalists
    • 1 January 2023
    ...claiming false imprisonment against a government must satisfy the following test: 31 Blythe v Birmingham Waterworks Co (1856), 11 Ex 781, 156 ER 1047. 142 z FUNDAMENTAL LAW FOR JOURNALISTS Legal proceedings must be initiated by the defendant (the state/ police) against the plaintif (the imp......
  • Consent and the Rules of the Game: The Interplay of Civil and Criminal Liability for Sporting Injuries
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 69-5, October 2005
    • 1 October 2005
    ...Condon v Basi was outside the rules of the game; this was deemed sufficiently bad to constitute a 9 Blyth v Birmingham Waterworks Co. (1856) 11 Exch 781. 10 A. L. Goodhart, ‘The Sportsman’s Charter’ (1962) 78 LQR 490.11 [1971] 1 WLR 668.12 Ibid. at 676.13 Ibid. at 670.14 [1985] 1 WLR 866.15......
    • Australia
    • Melbourne University Law Review Vol. 45 No. 1, August 2021
    • 1 August 2021
    ...and Equal Opportunity Commission (2004) 135 FCR 105, 128-9 [78]-[82] (French J). (78) Wyong Shire Council (n 77) 47-8 (Mason J). (79) (1856) 11 Exch 781; 156 ER 1047, 1049. (80) Wyong Shire Council (n 77) 47-8 (Mason J). (81) In Australia, the requisite test of reasonableness in setting and......
    • Canada
    • University of Toronto Faculty of Law Review Vol. 80 No. 1, January 2022
    • 1 January 2022
    ...ONCA, supra note 55 at para 48. (66) Cooper v Hobart, 2001 SCC 79 at paras 30-32 [Cooper]. (67) Blyth v Birmingham Waterworks Co (1856), 156 ER 1047 at 784, 4 WR 294 (Ex Ct); Vaughan v Menlove (1837), 132 ER 490, 6 LJCP 92 (CP). By saying that the standard of care can be breached by omissio......
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