The defendant drove a steam powered traction engine on the highway. Sparks from the engine set fire to the plaintiff’s haystack. The court was asked: ‘whether the owner of a locomotive engine propelled by steam along a public highway using a fire for the purpose of generating the steam required to propel such engine . . and was managed and conducted with all reasonable care and without negligence, was liable to the plaintiffs for injury occasioning damage to a rick of hay standing on land adjoining the highway by sparks proceeding from such engine and firing the hay.’
Held: The use on a public highway of a traction engine emitting sparks was held to give rise to strict liability.
Judges:
Mellor J
Citations:
(1879-80) LR 5 QBD 597, 49 LJQB 428, (1880) 5 QBD 597
Statutes:
Fires Prevention (Metropolis) Act 1774 86
Jurisdiction:
England and Wales
Cited by:
Appeal from – Powell v Fall CA 1880
The defendant had caused a fire when sparks flew from his steam traction engine as he drove along the highway. He now appealed against a judgemnt that he was liable. He conceded that an action lay at common law.
Held: The decision was upheld. . .
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.
Negligence
Updated: 04 May 2022; Ref: scu.512180
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