Vaughan v Menlove

JurisdictionEngland & Wales
Judgment Date23 January 1837
Date23 January 1837
CourtCourt of Common Pleas

English Reports Citation: 132 E.R. 490

IN THE COURT OF COMMON PLEAS

Vaughan
and
Menlove

S. C. 4 Scott, 244; 3 Hodges, 51; 6 L. J. C. P. 92; 1 Jur. 215: at Nisi Prius, 7 Car. & P. 525.

[468] vaughan v. menlove. Jan. 23, 1837. [S. C. 4 Scott, 244; 3 Hodges, 51; 6 L. J. C. P. 92; 1 Jur. 215 : at ' Nisi Prius, 7 Car. & P. 525.] An action lies against a party for so negligently constructing a hay-rick on the extremity of his land, that in consequence of its spontaneous ignition, his neighbour's house is burnt down.-And upon pleas of not guilty, and that there was no negligence, held, that it was properly left to the jury to say whether the Defendant had been guilty of gross negligence, viewing his conduct with reference to the caution that a prudent man would have .observed. The declaration stated, that before and at the time of the grievance and injury, hereinafter mentioned, certain premises, to wit, two cottages with the appurtenances situate in the county of Salop, were respectively in the respective possessions and occupations of certain persons as tenants thereof to the Plaintiff, to wit, one thereof in the possession and occupation of one Thomas Euscoe as tenant thereof to the Plaintiff, the reversion of and in the same with the appurtenances then belonging to the Plaintiff, and the other thereof in the possession and occupation of one Thomas Bickley as tenant thereof to the Plaintiff, the reversion of and in the same with the appurtenances then belonging to the Plaintiff: that the Defendant was then possessed .of a certain close near to the said cottages, and of certain buildings of wood and thatch, 3 BING. (N. G.) 469. VATJGHAN V. MENLOVE 491 also near to the said cottages; and that the Defendant was then also possessed of a certain rick or stack of hay before then heaped, stacked, or put together, and then standing, and being in and upon the said close of the Defendant. That on the 1st of August 1835, while the said cottages so were in the occupation of the said tenants, and while the reversion thereof respectively so belonged to the Plaintiff as aforesaid, the said rick or stack of hay of the Defendant was liable and likely to ignite, take fire, and break out into a flame, and there had appeared, and were just grounds to apprehend and believe that the same would ignite, take fire, and break out into a flame; and by reason of such liability, and of the state and condition of the said rick or stack of hay, the same then was and continued dangerous to the said cottages ; of which said several pre-[469]-mises the Defendant then had notice : yet the Defendant well knowing the premises, but not regarding his duty in that behalf, on, &c., and from thence until and upon a certain day, to wit, on, &c. wrongfully negligently, and improperly, kept and continued the said rick or stack of hay, so likely and liable to ignite and take fire, and in a state and condition dangerous to the said cottages, although he could, and might, and ought to have removed and altered the same, so as to prevent the same from being and continuing so dangerous as aforesaid; and by reason thereof the said cottages for a long time, to wit, during all the time aforesaid, were in great danger of being consumed by fire. That by reason of the premises, and of the carelessness, negligence, and improper conduct of the Defendant, in so keeping and continuing the said rick or stack, in a state or condition so dangerous as aforesaid, and so liable and likely to ignite and take fire and break out into flame, on, &c., and while the said cottages so were occupied as aforesaid, and the reversion thereof respectively so belonged to the Plaintiff, the said rick or stack of hay of the Defendant, standing in the close of the Defendant, and near the said cottages, did ignite, take fire, and break out into flame, and by fire and flame thence issuing and arising, the said buildings of the Defendant so being of wood...

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    ...O.R.(2d) 396 (C.A.), refd to. [para. 65]. Dellwo v. Pearson (1961), 107 N.W.2d 859 (Minn.), refd to. [para. 65]. Vaughan v. Menlove (1837), 3 Bing. (N.C.) 468; 132 E.R. 490, refd to. [para. 71]. R. v. Tutton and Tutton, [1989] 1 S.C.R. 1392; 98 N.R. 19; 35 O.A.C. 1; 48 C.C.C.(3d) 129; 13 M.......
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    ...line as to afford no rule at all, the degree of judgment belonging to each individual being infinitely various”: Vaughan v. Menlove (1837), 3 Bing. (N.C.) 468, 132 E.R. 490, at p. 475; see A. M. Linden, Canadian Tort Law (4th ed. 1988), at pp. 116-17. Provided the capacity to appreciate the......
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    ...v Commissioner of Railways (1947) 75 CLR 59. 5 Ibid. 6 Goldman v Hargrave [1967] 1 AC 645 (P.C.); 115 CLR 458. 7 Vaughhan v Menlove (1837) 3 Bing NC 468; 132 ER ' Cooper Grace Ward Lawyers Cooper Grace Ward is a leading Australian law firm based in Brisbane. This publication is for informat......
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    ...a line as to aford no rule at all, the degree of judgment belonging to each individual being ininitely various”: Vaughan v. Menlove (1837), 3 Bing. (N.C.) 468, 132 E.R. 490, at p. 475; see A.M. Linden, Canadian Tort Law (4th ed. 1988), at pp. 116–17. Provided the capacity to appreciate the ......
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    ...line as to afford no rule at all, the degree of judgment belonging to each individual being infinitely various”: Vaughan v. Menlove (1837), 3 Bing. (N.C.) 468, 132 E.R. 490, at p. 475; see A.M. Linden, Canadian Tort Law (4th ed. 1988), at pp. 116–17. Provided the capacity to appreciate the ......
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