VAUGHAN V. MENLOVE
Common Pleas, 3 Bing. (N.C.) 467,132 Eng. Rep. 490 (1837).
NATURE OF THE CASE: This was an action for damages from negligence.
FACTS: Menlove (D) built a hay rick near the boundary of his property and next to
Vaughan's (P) property. D was told on many occasions over a five week period that the rick
was a fire hazard. D ignored the warnings by indicating to all that he had insurance and he
would chance it. D did build a chimney through the rick. The rick burned from the heat
generated and the fire damaged the surrounding cottages. P sued D for damages claiming D was
negligent in maintaining the rick in a dangerous condition. The trial court instructed the
jury that they were to determine if D was grossly negligent under the standard of care of
that of a reasonable person under the same or similar circumstances. A verdict was given to
P. A rule nisi for a new trial was obtained because the jury should have been instructed to
determine whether D had acted bona fide to his best judgment and not under the standard of
ordinary prudence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment