References: [1843] EngR 359, (1842-1843) 1 Ph 306, (1843) 41 ER 648
Links: Commonlii
Whether the protection given by the statutes 6 Ann. c. 31, and 14 G 3, c, 78, toa party in whose house or on whose estate ‘a fire shall accidentally begin’ extends to fires occasioned by the negligence of the owner or his servants, or, whether it is confined to fires arising from pure accident in the limited sense of the word.
Qaere?
A petition of right does not lie to recover compensation from the Crown for damage to the property of an individual, occasioned by the negligence of the servants of the Crown.
The reigning Sovereign is not liable to make compesation for damage to the property of an individual occasioned by the negligence of the servants of the Crown in a preceding reign ; nor, semble, even where such damage has been done in his own reign.
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 . .