— Part VIII.
Miscellaneous.
279
the best scientific means have been employed for preventing the escape of sparks, and the company or their servants have not otherwise been guilty of negligence in the matter (o). The company will, however, be liable if negligence on their part or the part of their servants be proved {p).
609. The comparative immunity of railway companies for such is established on the ground that the Legislature, by authorising the use of steam engines on railways, has impliedly indemnified railway companies against the consequences of the use of such engines. But a railway that has no legislative authority to use steam engines is not protected in the same manner (q) neither is the owner or user of a traction engine, who is liable if sparks issuing from the engine while travelling along the highway set fire to crops or ricks in the neighbourhood, without any negligence on the part
damage
Sect.
3.
Destruction
by Railway Fires.
Users of engines without legislative
authority.
of
him
or his servants
(?).
610. After January 1, 1908, if damage is caused to agricultural Damage land (which includes arable and meadow land and ground used for under £100 caused by pastoral purposes or market or nursery gardens, as well as planta- railway tions, woods, orchards and fences on such land, but does not include engines. moorland or buildings) or to agricultural crops (which include any crops on agricultural land, whether growing or severed, w4iich are not led or stacked) by fire arising from sparks or cinders emitted from any locomotive engine used on a railway (which includes a light railway or steam tramway), the fact that the engine was used under statutory powers will not affect liability in an action for such damage if the claim for damage in the action does not exceed ^6100, and if written notice of claim shall have been given to the railway comj)any within seven days, and particulars in writing of damage within fourteen days, after the occurrence of the damage. If the damage has been caused through the use of an engine by one company on a railway worked by another company, either company will be liable in such action, but the company using the locomotive must indemnify the company working the railway, if the action is brought against the latter (s).
A
company may,
after January 1, 1908, enter on Prevention things reasonably necessary for extinguishing or and extinguishment arresting the spread of any fire caused by sparks or cinders emitted of fires. from a locomotive engine and may, for the purpose of preventing or diminishing the risk of any such fire in a plantation, wood, or orchard, enter upon any part thereof, or any land adjoining thereto, and cut down and clear away any undergrowth, and take any other precautions reasonably necessary for the purpose but may not, without the consent of the owner, cut down or injure any trees,
611.
railway
any land and do
all
Vaughan v. Taff Bail. Co. (1860), (o) Bex V. Pease (1832), 4 E. & A. 30 5 H. & N. 679 ; Pori Olasqoiu and Newark Sailcloth Co. v. Caledonian Bail. Co. (1893), H. L. 20 R. (Ct. of Sess.) 35; Shafteshury {Earl of) v. L. d: S. TP. Bail. Co. (1895), 11 T. L. E. 269. (p) Smith Y. L. & S. W. Bail. Co. (1870), L. E. 6 C. P. 14, where railway servants left heaps of hedge trimmings and grass close to the line for a fortnight in ver}^ hot
weather, and hre originating in the heaps spread to a stubble field and cottage. {q) Jones v. Festiniog Bail. Co. (1868), L. E. 3 Q. B. 733. (r) Powell V. Fall (1880), 5 Q. B. D. 597. (s) Eailway PiresAct, 1905 (5 Edw. 7, c. 11), ss. 1, 3, 5.
