Dimmock and Another v the North Staffordshire Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1867 |
| Date | 01 January 1867 |
| Court | Nisi Prius |
English Reports Citation: 176 E.R. 907
Nisi Prius
. * midland circuit. * Stafford Civd Court, Staffordshire Lent Assizes, 1866, corant, Keating, J. Duoioct and another v the north staffordshire railway company. an action against a railway company for damage negligently caused by a fire on piaintifls' premises, alleged to have arisen from sparks emitted from their engines, the negligence alleged being in the omission of means to prevent the emission, and the means suggested being such as practical men stated would impede the engines and would not be effectual for the object, it was left to the jury to say whether there were any means which the company ought to have adopted, and they having found that there had been no negligence on the part of the company, as to using such means, or in managing then engines, a verdict was directed in 1 their favour ) I Action for damage caused by a fire kindled by sparks from one of the engines of | company. Declaration, that the plaintiffs were possessed of certain land, and 1 Holdings thereon, near to a certain property used by the defendants for the purpose (ifjnopelltng along the same certain steam engines containing fire and igneous matter, |1 the defendants negligently and improperly used a [1059] certain engine upon £ railway which was insufficiently and improperly constructed ; so that it did not could not sufficiently and properly retain the fire and igneous matter contained Jin-wiiilst being so propelled as aforesaid-and thereupon, and by reason of the premises, whilst the said engine was being used and propelled as aforesaid, and was ^ujder the care and direction of the defendants' servants, certain sparks fell and flew Oijfc of the engine on to and upon the said buildings of the plaintiffs, whereby the same \ (a) Vtde ante, p. [1085] !- (b) A rule rim was granted in Queen's Bench in Michaelmas Term, 1866, upon fcUfr point as to the grant to the corporation, which rule is pending J 908 DIMMOCK V. THE NORTH STAFFORDSHIRE RAILWAY CO. 4 F. & F. 1060 and certain goods of great value which were thereon and near thereto were wholly destroyed by fire and lost to the plaintiff (a) Second count:-That the plaintiffs were possessed of certain land and buildings thereon, near to a certain property (6) used by the defendants for the purpose of propelling along the same certain steam engines containing fire and igneous matter, and the defendants, by their servants, so negligently and improperly managed an engine, which was being propelled upon the railway, near to the said land and buildings of the plaintiffs, and so carelessly conducted themselves in managing the means for retaining the fire in it whilst it was being so propelled (c), that by such negligence the fire, sparks, and igneous matter fell and flew out, on, to, and upon the said buildings of the plaintiffs, &c , whereby the same were wholly destroyed by fire. Plea-Not guilty [10n] Huddleston, Gray, and...
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