Stone v. Bolton (

1950) 1 K.B. 201 (C.A.)

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Nature of the Case

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Facts

Stone (P) lived across the street from a cricket field. One day she was struck in the head with a ball that flew out of the field. The club had been in existence and matches regularly played on this ground, since about 1864. Beckenham Road was constructed and built up in 1910. Members of the club of twenty years' standing or more agreed, in evidence, that the hit was altogether exceptional in comparison with anything previously seen on that ground. They also said that it was only very rarely indeed that a ball was hit over the fence during a match. A club member of thirty-three years' standing said that he knew of no complaints of balls being hit into the road. Another member estimated that balls had been hit into that road about six times in twenty-eight years, but said that there had been no previous accident, so far as he knew. P sued to recover damages from Bolton (D), the owner of the cricket field. P sued for public nuisance, and common law negligence based on the fact that a fence had not been put up that was high enough to keep the balls from flying out of the field. The trial court acquitted Ds of negligence and held that nuisance was not established. The Court of Appeal, reversing this decision, held that a public nuisance was not established but that D were guilty of negligence and were liable in damages. D appealed to the House of Lords.