What is the test for a jury to find a defendant liable for damage caused by an ice stopper?

It is a sound, if seldom observed, rule that general language in a decision should not be applied to the facts of the case at hand without regard to the facts of the earlier case. In Blyth v. Birmingham, the plaintiff sued for damage to his property from a fire-plug which was part of the water system built and maintained by the defendant. During one of the most severe cold spells on record, ice had gathered around a stopper and eventually forced it out, causing the escape of water. After the trial judge left it to the jury to consider whether the defendant had used proper care, they found for the plaintiff. The appeal was allowed on the ground that there had been no evidence of negligence to be left to the jury.