Mr Musgrove rented rooms above a domestic garage, in which Mr Pandelis kept a car. Mr Pandelis sent his chauffeur, Mr Coumis, to clean the car. Mr Coumis had to move the car within the garage. For that purpose he went to the bonnet and turned on the petrol tap to allow the flow of petrol from the tank to the carburettor, and started the engine, when suddenly there was an explosion, and flames were seen to be coming from the carburettor. There was no woodwork within eighteen inches of the carburettor, and if Mr Coumis had immediately turned off the tap of the pipe leading from the petrol tank the petrol in the carburettor would have soon burnt out, and the fire would have been prevented from spreading. But instead of doing so Mr Coumis wasted his time in looking for a cloth which he failed to find. He then went to the bonnet to turn off the tap, but was too late, for owing to the continued flow of the petrol into the carburettor the fire had spread to the body of the car. The garage itself then caught fire and the whole building was burnt, including Mr Musgrove’s rooms overhead, together with a quantity of furniture belonging to him.
Held: The petrol was ‘liable to cause a fire’ and ‘not unlikely to get on fire’. Mr Coumis was negligent in not immediately turning off the petrol tap.
Lush J said: ‘But, nevertheless, I am of opinion that the statute affords the defendant no protection; for though the fire in the carburettor was accidental in a popular sense, I do not think it was accidental in the sense in which that term is used in the statute. If a man brings on to his premises a dangerous thing which is liable to cause fire, such as a motor car with petrol in it, the carburettor of which is not unlikely to get on fire when the engine is started, and a fire results, though without any negligence on his part, he must be held liable, the statute notwithstanding, for the rule is that he must keep such a thing under control at his peril.’
Judges:
Lush J
Citations:
[1919] 1 KB 314
Statutes:
Fires Prevention (Metropolis) Act 1774
Cited by:
Appeal from – Musgrove v Pandelis CA 2-Jan-1919
The plaintiff ((M) rented first floor rooms above the defendant’s garage. The defendant’s employee spilt petrol which was lit, and negligently failed to control it causing a fire, damaging the plaintiff’s rooms.
Held: The Act did not provide a . .
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.
Torts – Other, Nuisance
Updated: 04 May 2022; Ref: scu.512175