The fire-plug was constructed according to the best known system, and the materials of it were at the time of the accident sound and in good order.The defendant had installed a fireplug into the hydrant near Mr Blyth's house.
That winter, during a severe frost, the plug failed causing a flood and damage to Mr Blyth's house.
In establishing the basis of the case, Baron Alderson, made what has become a famous definition of negligence: Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Birmingham had not seen such cold in such a long time, and it would be unreasonable for the Water Works to anticipate such a rare occurrence.
B. Martin offered a concurring opinion, stating that "hold otherwise would be to make the company responsible as insurers.