References: [1860] EngR 749, (1860) 5 H & N 679, (1860) 157 ER 1351
Links: Commonlii
A railway Company, authorized by the legislature to use locomotive engines, is not responsible for damage from fire occasioned by sparks emitted from an engine travelling on their railway, provided they have taken every precaution in their power and adopted every means which science can suggest to prevent injury from fire, and are not guilty of negligence in the management of the engine So held in the Exchequer Chamber (reversing the judgment of the Court of Exchequer).
This case cites:
- Appeal from – Vaughan -v- The Taff Vale Railway Company ([1858] EngR 1160, Commonlii, (1858) 3 H & N 743, (1858) 157 ER 667)
A wood adjoining the defendants’ railway was burnt by sparks from the locomotives. On several previous occasions it had been set on fire, and the Company had paid for the damage. Evidence was given that the defendants had done everything that was . .