Torts Keyed to Prosser
Vaughan v. Menlove
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Defendant was warned that his haystacks posed a substantial risk of igniting and damaging Plaintiff’s cottages. He disregarded these warnings and kept the hay in place. The hay did ignite and damage Plaintiff’s cottages, and Plaintiff brought suit for negligence. The trial court instructed the jury that the issue was whether the fire was occasioned by gross negligence, and explained that Defendant was bound to act as a reasonable man would have under the circumstances. The jury found for Plaintiff, but Defendant obtained a ruling on the ground that the jury should have been instructed to find negligence only if it found Defendant had not acted to the best of his own judgment.
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