Court of Common Pleas
132 Eng. Rep. 490 (C.P. 1837)
Menlove (defendant) owned a stack of hay located on his property. The stack was near the property of Vaughan (plaintiff), upon which Vaughan owned two cottages. Menlove was repeatedly warned by neighbors that his haystack was a fire hazard. Menlove did not remove the stack, but instead put a chimney through it as a precaution. The haystack burst into flames which spread to Vaughan’s property and destroyed his cottages. Vaughan brought suit for damages against Menlove. At trial, the jury held for Vaughan, and Menlove appealed.
Rule of Law
Holding and Reasoning (Tindal, C.J.)
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