The defendant’s haystack spontaneously combusted and it was alleged that he had ‘wrongfully negligently and improperly kept his haystack so that it became liable to ignite’ and so be a danger to the claimant’s property. The jury were left to consider the question of negligence.
Held: The direction was upheld as the ‘common custom of the realm’. Tindal CJ said: ‘But there is a rule of law which says you must so employ your own property as not to injure that of another; and according to that rule the defendant is liable for the consequences of its own neglect; and though the defendant did not himself light the fire yet mediately, he is as much the cause of it as if he had himself put a candle to the rick; for it is well known that hay will ferment and take fire if it be not carefully stacked.’
Citations:
(1792) 12 Mod 152
Jurisdiction:
England and Wales
Cited by:
See Also – Turberville v Stamp In BR 1792
An action on the case, founded upon the general custom of the realm, against the defendant, for negligently keeping his fire; and the plaintiff declared that the defendant in his close did light up a fire to burn the stubble, and ignem suum tam . .
See Also – Turberville v Stampe 1792
Case on the custom of the realm lies against a man for damage done by a fire he has lighted in his field. D. acc. 1 Bl. Com. 431. Unless such damage was occasioned by the Act of God. A master is responsible for all acts dons by his servant in the . .
See Also – Turberville v Stamp 1796
Action upon the case on the custom of the realm, for negligently keeping of his fire; declaring that the plaintiff was possessed of a close of heath ; that the defendant possessed of another close next adjoining ; and that the defendant tam . .
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: 15 May 2022; Ref: scu.512020