Vaughan v. Menlove (1837) 3 Bing. N.C. 467, 132 E.R. 490 (C.P.)
This was a famous English tort law case that first introduced the concept of the
reasonable person in law.
The defendant built a hay rick near the boundary of his land which bordered the plaintiff's
land. The defendant's hay rick had been built without a precautionary "chimney" to
prevent the hay from spontaneously igniting. He had been warned several times over a
period of five weeks that the manner in which he built the hay rick was dangerous, but he
said "he would chance it." Consequently, the hay ignited and spread to the plaintiff's land,
burning down two of the plaintiff's cottages.
At trial the judge had directed the jury to consider "whether the fire had been occasioned
by gross negligence on the part of the defendant, adding that he was bound to proceed
with such reasonable caution as a prudent man would have exercised under such
circumstances". Moreover, they were asked not to consider whether he had acted to the
best of his skill and judgment in averting the danger, effectively saying that his
intelligence should not be a factor in finding liability. If the defendant had not acted with
reasonable prudence or care his should be found liable for negligence. The jury found the
defendant negligent.
On appeal, the Court found that the judge's instructions were correct and so the verdict
was upheld