Blyth v. Birmingham Waterworks Co. Exchequer,

11 Exch. 781, 156 Eng. Rep. 1047 (1856).

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Nature of the Case

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Facts

Birmingham Waterworks Co. (D) had installed water mains and fire plugs at various points along a street where Blyth (P) lived. There were no problems for 25 years. One of the plugs opposite P's house froze over and was damaged by an unusually cold frost. This caused the plug to leak, and a large quantity of water escaped through the earth and into P's house. P sued D for damages under negligence. P was awarded damages for negligence by the jury. D appealed; the severity of the frost of 1855 was unforeseeable.