Tort Case: Bolton v Stone [1951] HL

research and analyse the case of Stone v. Bolton, 1 K.B. 201 (C.A. 1950).

Tort Case

In this assignment, I chose to research and analyse the case of Stone v. Bolton, 1 K.B. 201 (C.A. 1950). The brief takes the following format.

Summary of relevant facts

A ball belonging to a cricket club flew from the field over a 17- feet fence, striking the plaintiff, who stood on the pavement of her house, 100 yards across the street. On the trial, the plaintiff sued the defendant for negligence and nuiscence to the public on the basis that the field'sfence was not high enough to deter balls from flying over and risking peoples lives. On its defence, the defendant claimed that the risk of the flying balls was unforseen since about 6-10 of them had flown over the fence for the past 30 years. The court however ruled againt the plaintiff who subsequently filed an appeal. The court court of appeal reversed the trial court's rulling in favor of the plaintiff.

Brief description/discussion of questions the court is asked to consider

The appellant asked the court of appeal to consider "if the cricket club had a duty to deter a reasonably foreseeable risk" (Epstein, 2005), the basis on which it reversed judgment of the trial court.

Decision

The judge affirmed the appellant's question.

Rationale

The court affirmed that a person is liable to pay damages to an injured party if the injury resulted from a resonably foreable cause. The cricket club owed the public a duty to deter such a risk. The court ruled that the risk was resonably foreseeable since balls had previously flown out of the field.