Blyth v. Birmingham Water Works

Birmingham Water Works (defendant) ran a nonprofit waterworks and was required by statute to lay water mains and fire plugs in city streets to certain specifications. One of its fire plugs, which had worked fine for 25 years, broke during an unusually severe frost and flooded the home of Blyth (plaintiff). The plug itself was covered in a buildup of ice at the time. Blyth sued for damages. The trial judge told the jury that the accident would not have happened if Birmingham had cleared the ice off the plug, but let the jury decide whether Birmingham had otherwise used proper care. The jury found for Blyth, and Birmingham appealed.