References: [1847] EngR 999, (1847) 11 QB 347, (1847) 116 ER 506
Links: Commonlii
Coram: Lord Denman CJ
Lord Denman CJ considered a 1707 Act restricting liability for fire damage: ‘The Act contemplates the probability of fires in cities and towns arising from three causes, the want of water, the imperfection of party walls, and the negligence of servants. The Act provided some means for supplying these material defects: but the third section was directed against the moral one, the carelessness or negligence of servants, which (it observes) often causes fires: and it imposes on the servant by whose negligence the fire may have been occasioned a fine of 100l., to be distributed among the sufferers at the discretion of the churchwardens, or imprisonment for eighteen months in case of nonpayment. . . The most usual cause of fires was assumed to be the negligence of servants: and the enactment might operate to induce habits of caution in that important class. The same statute, in the sixth section, enacts that, after a day named, no action shall be maintained against any person in whose house or chamber any fire shall accidentally begin, nor shall any recompence be made by such person for any damage suffered or occasioned thereby.’
This case is cited by:
- Cited – Stannard (T/A Wyvern Tyres) -v- Gore CA (Bailii, [2012] EWCA Civ 1248, [2013] Env LR 10, [2012] WLR(D) 266, [2012] 42 EG 133, [2013] 1 All ER 694)
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 . . - Cited – Musgrove -v- Pandelis CA ([1919] 2 KB 43)
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 . .