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Torts Keyed to Epstein
Stone v. Bolton
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff lived on a side street next to a cricket ground. She was at the gate in front of the house when she was struck on the head by a cricket ball. The ball that hit Plaintiff was one of the longest balls that had ever been hit at the grounds during the last forty years. The cricket ground was large enough for all practical purposes. The field was surrounded by twelve-foot high fence. Witnesses testified that over a thirty-year period about six to ten balls had been hit onto Plaintiff’s side street. Plaintiff sued the home cricket club and all of its members (Defendants). She alleged that the grounds constituted a public nuisance. She separately alleged common law negligence. The trial court gave judgment to the Defendants on both the public nuisance and negligence counts. The Court of Appeal reversed the judgment on the negligence claim. Defendant then appealed to the House of Lords.
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5m 51s