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Higgins v. Dewey
107 Mass. 494
Mass.
1871
Check Treatment
Gray, J.

The instructions requested were rightly refused, and the instructions given were correct and sufficient. A man who negligently sets fire on his-own land, and keeps it negligently, is liable to an action at common law for any injury done by the spreading or communication of the fire directly from his own land to the property of another, whether through the air or along the ground, and whether he might or might not have reasonably anticipated the particular manner and direction in which it is actually communicated. Tubervil v. Stamp, 1 Salk. 13; 2 Salk. 726; 1 Ld. Raym. 264; 3 Ld. Raym. 375; Com. 32; Comb. 459; Skin. 681; 12 Mod. 152; Carth. 425; Holt, 9. Filliter v. Phippard, 11 Q. B. 347. Barnard v. Poor, 21 Pick. 378. Perley v. Eastern Railroad Co. 98 Mass. 414.

The testimony of Wells was rightly excluded, because it related to an immaterial question, and to a subject within the common knowledge of the jury. White v. Ballou, 8 Allen, 408. Luce v. Dorchester Insurance Co. 105 Mass. 297.

Pxeeptions overruled.

Case Details

Case Name: Higgins v. Dewey
Court Name: Massachusetts Supreme Judicial Court
Date Published: Sep 15, 1871
Citation: 107 Mass. 494
Court Abbreviation: Mass.
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