Bolton v. Stone
House of Lords
[1951] A.C. 850
A person is not under a duty to prevent harm where the risk of damage is so small that a reasonable man in the same position, considering the matter from the point of view of safety, would have thought it right to refrain from corrective action.
Relevant Facts
Stone (the plaintiff) lived on Beckenham Road near a cricket field owned by Bolton (the defendant). While walking in her yard, the plaintiff was struck on the head by a stray ball hit by a visiting player on the cricket ground. The plaintiff sued on the basis that the cricket ground constituted a public nuisance, and that the ground’s owners acted in common law negligence. At trial, witnesses testified that in the 30 years of the ground’s operation prior to the incident, only 6 or 7 balls had been hit onto Beckenham Road because the ground was surrounded by a 17 ft. fence. The trial court held for the defendant. The appellate court reversed on the negligence claim. The decision was appealed, and the higher court held for the plaintiff on both claims. The defendant appealed to the House of Lords.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 29, 2020
Judicial Opinion
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Procedural History
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Citations
[1951] A.C. 850