Railway Fires Act 1905
| Jurisdiction | UK Non-devolved |
| Citation | 1905 c. 11 |
| Year | 1905 |
Railway Fires Act, 1905.
(5 Edw. 7.) CHAPTER 11.
An Act to give Compensation for Damage by Fires caused by Sparks or Cinders from Railway Engines.
[4th August 1905]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Liability of railway companies to make good damage to crops by their engines.
(1) When, after this Act comes into operation, damage is caused to agricultural land or to agricultural crops, as in this Act defined, by fire arising from sparks or cinders emitted from any locomotive engine used on a railway, the fact that the engine was used under statutory powers shall not affect liability in an action for such damage.
(2) Where any such damage has been caused through the use of an engine by one company on a railway worked by another company, either company shall be liable in such an action; but, if the action is brought against the company working the railway, that company shall be entitled to be indemnified in respect of their liability by the company by whom the engine was used.
(3) This section shall not apply in the case of any action for damage unless the claim for damage in the action does not exceed one hundred pounds.
2 Powers for extinction and prevention of fire.
(1) A railway company may enter on any land and do all things reasonably necessary for the purpose of extinguishing or arresting the spread of any fire caused by sparks or cinders emitted from any locomotive engine.
(2) A railway company may, for the purpose of preventing or diminishing the risk of fire in a plantation, wood, or orchard through sparks or cinders emitted from any locomotive engine, enter upon any part of the plantation, wood, or orchard, or on any land adjoining thereto, and cut down and clear away any undergrowth, and take any other precautions reasonably necessary for the purpose; but they shall not, without the consent of the owner of the plantation, wood, or orchard, cut down or injure any trees, bushes, or shrubs.
(3) A railway company exercising...
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