Concurrence. The pitch was sunk ten feet below ground so the fence was 17 feet above the cricket pitch. This is an Appeal from a judgment of the Court of Appeal reversing adecision of Oliver J. Yes. In its ruling in favor of Defendant, the court uses a negligence theory. The House of Lords held that a reasonable man would have been justified in disregarding it and taking no steps to eliminate it. Bolton v. Stone AC 850, 1 All ER 1078 is a leading House of Lords case in the tort of negligence, establishing that a defendant is not negligent if the damage to the plaintiff was not a reasonably foreseeable consequence of his conduct. Register; ... Stone v. Bolton, 1950 1 K.B. In this test, it would be right to take into consideration the remoteness of the chance that a person might be struck and how serious the consequences are likely to be if a person is struck. 927, 377 S.W.2d 816 (1964) involved a question closely analogous with that under consideration here. Plaintiff’s injury was caused by a reasonably foreseeable risk and Defendant is liable for damages since he had a duty to take reasonable measures to prevent it. ‘ Plaintiff sued Defendant for public nuisance and negligence. View Bolton v Stone (Highlighted with Comments) from FBE STRA 4701 at HKU. The cricket field was arranged such that it was protected by a 17-foot gap between the ground and the top of the surrounding fence. The claimant, Miss Stone, was walking on a public road when she was hit on the head with a cricket ball. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Plaintiff sued Defendant for public nuisance and negligence. Stone v. Graham, case in which the U.S. Supreme Court on November 17, 1980, ruled (5–4) that a Kentucky statute requiring school officials to post a copy of the Ten Commandments (purchased with private contributions) on a wall in every public classroom violated the First Amendment’s establishment clause, which is commonly interpreted as a separation of church and state. The plaintiff was hit by a cricket ball which had been hit out of the ground; the defendants were members of the club committee. Bolton and Others v Stone [1951] AC 850 Chapter 4 (page 169) Relevant facts Stone lived in a house adjacent to the Cheetham Cricket Ground. Relief sought:Issues:Material Facts:What is the nature and extent of the duty of a person who promotes onhis land operations which may cause damage to … Issue. 201 (C.A.) * The foreseeability test alone does not address the standards of ordinary careful people in the ordinary course of life. One day, she was walking in her yard and was hit on the head and injured by a stray ball hit by a visiting player on the cricket ground. Facts. The test to be applied here is whether the risk of damage to a person on the road was so small that a reasonable man in the position of the Defendant, considering the matter from the point of view of safety, would have thought it right to refrain from taking steps to prevent danger. Stone (plaintiff) was walking through the gate in front of her house on Beckenham Road when she was struck with a cricket ball that was hit from the neighboring cricket grounds. Facts of the case Sydell Stone and a number of other parents challenged a Kentucky state law that required the posting of a copy of the Ten Commandments in each public school classroom. The court held Defendant liable on the basis of forseeability. House of Lords 10 May 1951 [1951] In this case, the court did not want to force Plaintiff to bare the burden of an unlikely but foreseeable risk of injury. The Georgia abortion law required women seeking abortions to get approval for the procedure from their personal physician, two consulting physicians, and from a committee at the admitting hospital. Stone (Plaintiff) was struck in the head by cricket ball from Defendant’s cricket club. With her on the brief were Arthur K. Bolton, Attorney General of Georgia, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, Joel Feldman, Henry L. Bowden, and Ralph H. Witt. Bolton v Stone [1951] AC 850. Lamb v Camden [1981] 2 All ER 408; McKew v Holland & Hannen & Cubitts (Scotland) Ltd. [1969] 3 All ER 1621; Overseas Tankship v Morts Dock (The Wagon Mound (No 1)) [1961] AC 388; Page v Smith [1996] 1 AC 155; Parsons v Uttley Ingham & Co Ltd. [1978] QB 791; Re Polemis and Furness, Withy & Co [1921] 3 KB 560; Robinson v Post Office [1974] 1 WLR 1176 * Plaintiff’s injury was a reasonable, foreseeable risk. SEVERITY OF HARM - Greater precautions are required where greater harm threatened. You have successfully signed up to receive the Casebriefs newsletter. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email The case of Castle v. St. Augustine's Links Ltd. (1922) 38 T.L.R. Bessie Stone (plaintiff) lived on Beckenham Road near a cricket ground owned by Bolton (defendant). Discussion. If a risk is reasonably foreseeable, is there a duty to prevent it? Bolton v Stone (compare w/ Miller v Jackson) ... [Good illustration that facts of case = v important] Beckett v Newalls. Bolitho. 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