The defendant fired a gun at a fowl. In so doing he set fire to his own and his neighbour’s house. The action was brought by way of action on the case.
Held: If the plaintiff ‘had counted on the custom of the realm as in [Beaulieu v Finglam] the action had not been well brought’. Although the court did not give reasons for this view, it was presumably because the fire was not deliberately kindled and was never within the defendant’s control
Citations:
(1582) Cro Eliz 10
Jurisdiction:
England and Wales
Cited by:
Cited – Stannard (T/A Wyvern Tyres) v Gore CA 4-Oct-2012
The defendant, now appellant, ran a business involving the storage of tyres. The claimant neighbour’s own business next door was severely damaged in a fire of the tyres escaping onto his property. The court had found him liable in strict liability . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 06 May 2022; Ref: scu.512157