(New Zealand) Lord Shand, said: ‘The lighting of a fire on open bush land, where it may readily spread to adjoining property and cause serious damage, is an operation necessarily attended with great danger, and a proprietor who executes such an operation is bound to use all reasonable precautions to prevent the fire extending to his neighbour’s property (sic utere tuo at alienum non laedas).’
Judges:
Lord Shand
Citations:
[1893] UKPC 60, [1894] AC 48
Links:
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.
Commonwealth, Nuisance
Updated: 19 August 2022; Ref: scu.417634
