Any person who sets fire on any land, that runs upon the land of any other person, shall pay to the owner all damages done by such fire.
(1949 Rev., S. 8300.)
See Sec. 23-48 re penalty for kindling fire in the open without proper authorization.
See Sec. 23-49a re burning ban, special burning permits and penalties for violation of ban.
If fire was originally set on plaintiff's land, by one occupying it under a license, he is not within statute. 25 C. 170. Fire need not be proved to have run continuously on the ground from one lot to the other. 30 C. 306. Proof of negligence is not required; 54 C. 461; but if defendant did not cause to be set or himself set fire, he is not liable under statute; nor at common law for negligence unless negligence is shown. 100 C. 701. Fire marshal, not having authority to start fire, may not claim governmental immunity. 119 C. 599. Not enough to warrant recovery that fire causing plaintiff's loss originated on defendant's land but must have been set by, or caused to be set by, defendant. 149 C. 170. Fire must have not only originated on defendant's land, but it must have been set by defendant or caused by him to be set; the affirmative act of causing the fire is required. 150 C. 432.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.