Citation132 Eng. Rep. 490 (C.P. 1837) Brief Fact Summary. The defendant’s hay caught fire and burned the plaintiff’s property despite the plaintiff warning him several times that the hay was a fire hazard. Synopsis of Rule of Law. The substantive standard for negligence is how a reasonably prudent person would have acted under similar circumstances. ...
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Vaughan v. Menlove
Citation3 Bing. (N.C.) 467, 132 Eng. Rep. 490 (Court of Common Pleas 1837) Brief Fact Summary. Defendant paced a stack of hay near cottages owned by Plaintiff. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. The hay eventually did ignite and burn Plaintiff’s cottages, and Plaintiff sued to recover for their value. Synopsis of Rule of Law. The standard for negligence is an objective one. One has behaved negligently if he has acted in a way contrary to how a reasonably prudent person wou ...
Vaughan v. Menlove
Citation132 Eng. Rep. 490 (C.P. 1837). View this case and other resources at: Brief Fact Summary. Defendant’s rick of hay burst into flames after several repeated warnings of the possibility of fire. Plaintiff’s neighboring cottages were consumed in the fire. Plaintiff sued Defendant for gross negligence. Synopsis of Rule of Law. In assessing Defendant’s liability under a theory of gross negligence, Defendant is bound to proceed with such reasonable caution as a prudent man would have exercised under similar circumstances. ...