April 9, 2020

Vaughan v. Menlove | Case Brief - 3 Bing. (N.C.) 467, 132 Eng.Rep. 490 (1837) - Court of Common Pleas

FACTS: Defendant built a hay rickon the edge of his property which was near the Plaintiff's cottages. The hay rick caught on fire and burned down the cottages. The Defendant had noticed the danger to the cottages. Defendant denied he was negligent.

HISTORY: Verdict for the Plaintiff. 

ISSUE: Whether the Defendant was judged guilty by the reasonable person standard or his own best judgement? 

HOLDING: Reasonable person standard.

RATIONALE: It is a well known fact that hay not stored properly can ignite. The care taken by a prudent man is the standard that has always been used to measure for negligence. We should adhere to this rule.

DISPOSITION: The present rule must be discharged