Bolton v Stone [1951] AC 850 House of Lords

Miss Stone was injured when she was struck by a cricket ball outside her home. She brought an action against the cricket club in nuisance and negligence. The cricket field was surrounded by a 7 foot fence. The pitch was sunk ten feet below ground so the fence was 17 feet above the cricket pitch. The distance from the striker to the fence was about 78 yards and just under 100 yards from where the claimant was standing. A witness who lived in the same road as the claimant but close to pitch said that five or six times during the last 30 years he had known balls hit his house or come into the yard. Two members of the Club, of over 30 years' standing, agreed that the hit was altogether exceptional to anything previously seen on that ground.

Held:

No breach of duty. The likelihood of harm was low the defendant had taken all practical precautions in the circumstances. The cricket ground had been there for 90 years without injury and provided a useful service for the community.

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