Bolton v. Stone [1951] A.C. 850, [1951] 1 All E.R. 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 six hit out of the ground; the defendants were members of the club committee. // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... This article is about the British House of Lords. ... // Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ... In tort law, the right to sue and recover damages from another on the basis of negligence, as opposed to numerous other tort theories discussed elsewhere, is based upon proving that the defendant failed to use ordinary care, that is,that degree of care for the protection of the person... Boundary has two distinct meanings in the sport of cricket. ...

The 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 100 yards from the batsman. August 9 is the 221st day of the year in the Gregorian Calendar (222nd in leap years), with 144 days remaining. ... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... For the insect, see Cricket (insect). ... Manchester is a major city within Greater Manchester in North West England, historically notable for being the worlds first industrialised city, and its subsequent central role in the Industrial Revolution. ... Cricket batsman A batsman in the sport of cricket is, depending on context: Any player in the act of batting. ... Cricket ball A cricket ball is a hard, solid ball used to play cricket. ... Boundary has two distinct meanings in the sport of cricket. ... Test cricket grounds (stadiums) by nation: Categories: Cricket grounds | Lists | Test cricket ... A yard (abbreviation: yd) is the name of a unit of length in a number of different systems, including English units, Imperial units, and United States customary units. ...

The club had been playing cricket at the ground since 1864, before the road was built in 1910. The ground was surrounded by a 7 foot fence, but the ground sloped up so the fence was 17 feet above the level of the pitch where the ball passed, about 78 yards 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. A foot (plural: feet) is any of several old units of distance or length, measuring around a quarter to a third of a meter. ... A cricket pitch is the central strip of the playing area between the wickets. ...

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. Rylands v. ...

First instance and appeal judgments

Oliver J heard the case at first instance in the Manchester Michaelmas Assizes on 15 December 1948. He delivered a short judgment on 20 December 1948, dismissing each ground of the claimant's case, holding that there was no evidence of any injury in the previous 38 years, so there was no negligence; Rylands v. Fletcher was not applicable; and a single act of hitting a cricket ball onto a road was too isolated a happening to amount to a nuisance. ([1949] 1 All ER 237). The phrase court of first instance can refer to the following things: A trial court of original or primary jurisdiction. ... Manchester is a major city within Greater Manchester in North West England, historically notable for being the worlds first industrialised city, and its subsequent central role in the Industrial Revolution. ... Michaelmas (pronounced ) or the Feast of Ss. ... The Courts of Assize, or Assizes, were periodic criminal courts held around England and Wales until 1972, when together with the Quarter Sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. ... December 15 is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... December 20 is the 354th day of the year (355th in leap years) in the Gregorian calendar. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ...

The claimant's appeal was heard in the Court of Appeal on 13 October and 14 October 1949, and judgment was delivered by on 2 November 1949. All three judges, Somervell, Singleton and Jenkins LJJ, dismissed nuisance on the same grounds as Oliver J. Somervell LJ, dissenting, held that the claimant had failed to establish that the defendants had not taken due and reasonable carere, so was no negligence either. However, the majority, Singleton and Jenkins LJJ held that an accident of this sort called for an explanation, and that the defendants were aware of the potential risk. On that basis, applying the legal maxim of res ipsa loquitur, the defendants were found for negligence ([1949] 2 All ER 851). Court of Appeals is the title of certain appellate courts in various jurisdictions. ... October 13 is the 286th day of the year (287th in leap years) in the Gregorian calendar. ... October 14 is the 287th day of the year (288th in leap years) in the Gregorian calendar. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... November 2 is the 306th day of the year (307th in leap years) in the Gregorian Calendar, with 59 days remaining. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... LJJ might be an acronym or abbreviation for: Long Josephson junction Lords Justice of Appeal (singular, LJ) Category: ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ...

The defendants appealed to the House of Lords.

House of Lords judgment

The House of Lords heard argument on 5 March and 6 March 1951, delivering their judgment on 10 May 1951. March 5 is the 64th day of the year in the Gregorian Calendar (65th in leap years). ... March 6 is the 65th day of the year in the Gregorian Calendar (66th in Leap years). ... 1951 (MCMLI) was a common year starting on Monday; see its calendar. ... May 10 is the 130th day of the year in the Gregorian Calendar (131st in leap years). ... 1951 (MCMLI) was a common year starting on Monday; see its calendar. ...

The House of Lords (Lord Porter, Lord Normand, Lord Oaksey, Lord Reid and Lord Radcliffe) unanimously found that there was no negligence. In words of Lord Atkin in Donoghue v Stevenson, "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour." Whether the defendant had a duty to the claimant to take precautions had to take into account the foreseeability of the risk and the cost of measures to prevent the risk. The risk in this case may have been foreseeable, but it was so highly improbable that a reasonable person could have anticipated the harm to the claimant and would not have taken any action to avoid it. In the words of Lord Normand, "It is not the law that precautions must be taken against every peril that can be foreseen by the timorous." Wilfrid Guild Normand, Baron Normand, KC (1884 – 5 October 1962), was a Scottish politician and judge. ... The Nuremberg judges, left to right: John Parker, Francis Biddle, Alexander Volchkov, Iola Nikitchenko, Geoffrey Lawrence, Norman Birkett Geoffrey Lawrence, 3rd Baron Trevethin and 1st Baron Oaksey, DSO, TD, KC (December 2, 1880 - August 28, 1971) was the main British Judge during the Nuremberg trials after World War II, and... James Scott Cumberland Reid, Baron Reid, KC (30 July 1890 – 29 March 1975) was a Scottish Tory politician and judge. ... Cyril John Radcliffe, 1st Viscount Radcliffe GBE PC (1899 - 1977) was a British lawyer and law lord most famous for his partitioning of the British Imperial territory of India. ... James Richard Atkin, Baron Atkin (November 28, 1867 - June 25, 1944) was an English jurist. ... Donoghue v. ... The reasonable man or reasonable person standard is a legal fiction that originated in the development of the common law. ... Wilfrid Guild Normand, Baron Normand, KC (1884 – 5 October 1962), was a Scottish politician and judge. ...

Later cases

By way of contrast, a cricket club was guity of negligence and nuisance in a later case, Miller v Jackson, where neighbours of the club were hit by cricket balls several times each season. Similarly, in Castle v. St Augustine's Links, the defendant golf club was liable in nuisance for damage caused by golf balls repeatedly hit out of the club. Miller v. ... Golf club can mean several things: For the piece of sports equipment, see golf club (equipment) For an organization (whether non-profit or for profit) enrolling members and maintaining a golf course for their use, see country club. ... A golf ball on a tee with a driver ready for a drive A golf ball is a ball designed for use in the game of golf. ...

The Wagon Mound shows that the case does not establish a principle that small risks can be ignored, but rather that the risk must be balanced against the defendant's purpose in carrying on its activities and the practicability and cost of taking precautions. Wagon Mound refers to a number of subjects: Wagon Mound, New Mexico Overseas Tankship (U.K.) Ltd. ...