Carriers Law Relating to Goods And Passenger Traffic On Railways Canals And
Carriers Law Relating to Goods And Passenger Traffic On Railways Canals And
E B Edmund B Ivatts
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out. The Eailway Clauses Act, 8 Vic, cap. 20, sec. 86, was pleaded as a defence to this action. Whether it would if there were no negligence other than the use of a dangerous instru- ment it is not necessary to say. We think the direction was right, the verdict satisfactory, and the rule must be discharged. " Verdict against Company. — Tried in CouH of Exchequer, November 19, 1858. — From Law Journal, vol. 28, page 41. The Company aj^pealed to the Exchequer Chamber, when Chief Justice Cockburn ...and the other Judges reversed this decision, the decision of the Court below being against the authority of The King v. Pease (2 Law Journal Eeports, M. C. , 36). It was held that a railway company are not responsible for an accidental fire caused by a spark falling from one of their engines upon premises adjoining the railway if they have taken every precaution that science can suggest to prevent injury. They are not liable unless they are guilty of some negligence in fact, and negligence cannot be implied from the mere employment of locomotive engines, as the use of them is expressly permitted by the Legislature.
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