Bachelder v. Heagan
Supreme Judicial Court of Maine
The action was trespass on the case, to recover damages, alleged to have been done to the plaintiffs’ land, and to the fences and growth thereon, by the negligence of the defendant in setting a fire on his own land, near to the land of the plaintiffs, and in not carefully keeping the same. At the trial before Emery J., evidence was introduced by both parties.
Read the full summary
The action was trespass on the case, to recover damages, alleged to have been done to the plaintiffs’ land, and to the fences and growth thereon, by the negligence of the defendant in setting a fire on his own land, near to the land of the plaintiffs, and in not carefully keeping the same. At the trial before Emery J., evidence was introduced by both parties. The counsel for the plaintiffs requested the Judge to instruct the jury, that the plaintiffs were entitled to a verdict, if they were satisfied from the evidence, that the damage was occasioned by the defendant’s firo, unless he…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
By the ancient common law, or custom of the realm, if a house took fire, the owner was held answerable for any injury thereby occasioned to others. This was probably founded upon some presumed negligence or carelessness, not susceptible of proof. The hardship of this rule was corrected by the statute of 6 Anne, c. 31, which exempted the owner from liability, where the fire was occasioned by accident. The rule does not appear to have been applied to the owner of a field, where a fire may have been kindled. It may frequently be necessary to burn…
2Cited by9 opinions
- Snyder v. P., C. & St. L. Railway Co.West Virginia Supreme Court · 1877
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Schultz v. Pacific RailroadSupreme Court of Missouri · 1865
- Reynolds v. W. H. Hinman Co.Supreme Judicial Court of Maine · 1950
- Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
4 more not listed; retrieve them via the Exa API.