For the fire in his field was his fire as well as that in his house; he made it, and must see that it did no harm, and must answer the damage if he did. Facts. "Average reasonable man of ordinary prudence under similar circumstances". Raym. On the same circuit a defendant was sued a few years ago, for burning weeds so near the extremity of his own land as to set fire to and destroy his neighbors’ wood. The pleas having expressly raised issues on the negligence of the Defendant, the learned Judge could not do otherwise than leave that question to the jury. Though in some cases a greater degree of care is exacted than in others, yet in “the second sort of bailment, viz. & P. The court described it as the “reasonable caution a prudent man would have exercised under such circumstances”. 525.]. That by reason of the premises, and of the carelessness, negligence, and improper conduct of the Defendant, in so keeping and continuing the said rick or stack, in a state or condition so dangerous as aforesaid, and so liable and likely to ignite and take fire and break out into flame, on, &c., and while the said cottages so were occupied as aforesaid, and the reversion thereof respectively so belonged to the Plaintiff; the said rick or stack of hay of the Defendant, standing in the close of the Defendant, and near the said c:ottages, did ignite, take fire, and break out into flame, and by fire and flame thence issuing and arising, the said standing of the Defendant so being of wood and thatch as aforesaid, and so being near to the said rick or stack as aforesaid, were set on fire; and thereby and by reason of the carelessness, negligence, and improper conduct of the Defendant, in so keeping and continuing the said rick or stack in such condition as aforesaid, fire and flame so, occasioned as aforesaid by the igniting and breaking out into flame, of the said rick or stack, was thereupon then communicated unto the said cottages in which the Plaintiff was interested as aforesaid, which were thereby then respectively set on fire, and then, to wit on, &c., by reason of such [3 Bing (N. C.) 470] carelessness, negligence, and improper conduct of the Defendent in so continuing the said rick or stack in such a dangerous condition as aforesaid, in manner aforesaid, were consumed, damaged, and wholly destroyed, the cottages being of great value, to wit, the value of 5001. 215: at Nisi Prius, 7 Car. The haystack (rick) caught fire one day and spread to the plaintiff's barns and stables, and then to the plaintiff's cottages, which were entirely destroyed. Facts. N.C. 467. (N.C.) 467, 132 Eng. 215: at Nisi Prius, 7 Car. 2 See Vaughan v. Menlove, 3 Bing. The plaintiff sought damages that the alleged fire was caused by the defendant’s improper build of the hayrick. The couple had married in … The standard has always been the reasonable man standard, not a subjective one as requested by D. While somewhat vague, juries have always been able to decipher what it means. At first instance Menlove was held liable because he failed to act reasonably "with reference to the standard of ordinary prudence". 406), and which was founded upon the dicta, rather than the decision, of the judges of the King's Bench in the case of Gill v. Cubitt (5 D. & R. 324. Under the circumstances of the case it was proper to leave it to the jury whether with reference to the caution which would have been observed by [Bing (N. C.) 477]a man of ordinary prudence, the Defendant had not been guilty of gross negligence. 92; 1 Jur. 13), which was “an action on the case upon the custom of the realm, quare negligenter custodivit ignem suum in clauso suo, ita quod per flammas blade Quer. Vaughan v. Menlove. Thank you. Vaughan v Menlove (1837) The defendant built a haystack on land adjoining the claimant's property. 525.] The jury was instructed to use the reasonable man standard. 2 Donghue v Stevenson [1932] AC 562, 619 (Lord Macmillan); Glasgow Corporation v Muir [1943] AC 448. 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