Talks About Law : a Popular Statement of What Our Law is And How It is Administered

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But if C goes a little further and erects a soap factory, or lets houses for immoral purposes, he may be liable, both civilly and criminally, for keeping a nuisance.
At common law every one is required to keep his own cattle at home, and no one is required to erect fences against his neighbor's cattle ; but in most states there are statutory provisions under which owners of improved land may be compelled to maintain division fences.
If one accidentally and carelessly sets fire to an- other's ho
...use, he wiU be responsible for the loss ; but if he accidentally and carelessly sets fire to his own house, he will not be responsible for the destruction of other houses in the same confiagration. One has a right to burn brush, stumps, and the like on his own land, if it is a prudent thing to do under all the cir- cumstances of the case ; and, if he uses all due care, and the fire spreads without any fault on his part, he cannot be made to pay for the damage that it does to others. At common law, railway companies, if they take all reasonable precautions, are not responsible for fires caused by their locomotives; but, in many states, by statute, they are made responsible regard- less of care, and have an insurable interest in the property along the road.

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