How have courts dealt with claims of negligence in cases involving scalding tea urn carriers?

Alberta, Canada


The following excerpt is from Lyster v. Fortress Mountain Resorts Ltd., 1978 CanLII 688 (AB QB):

Glasgow v. Muir arose out of a situation in which a tea urn was carried through a narrow passage on one side of which children were buying sweets at a counter. One of the carriers let go of the handle of the urn. Scalding tea escaped from the urn injuring six children. The defendants were held not liable.

Bolton v. Stone arose out of injuries incurred by the respondent who was standing on a highway adjoining grounds on which, in the course of a cricket match, a batsman hit a ball which struck the respondent. A protective fence 17 feet high separated the grounds from the highway. The grounds had been used for cricket for 90 years and during a period of six years on only six occasions had a ball been hit into the highway, with no one injured. It was held that the defendant occupier was not liable.

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