32 N.J. Eq. 647 | New York Court of Chancery | 1880
The petitioners in this case ask.to be compensated for damages they allege they have sustained in consequence of the negligence of the defendant’s employes. "Their barn and its contents were destroyed by fire, and they claim that the defendant is legally answerable for the loss. The fire originated in a disaster which occurred on the defendant’s
The evidence renders it clear, I think, that the collision was the result of negligence.' When it is remembered that twenty-five loaded cars were left standing on a descending grade, in charge of a single brakeman, with brakes applied to only about one-fourth of their number, and that they commenced running away almost as soon as they were detached, and that no malicious or improper intermeddling with them is shown, there does not seem to be the least difficulty in determining what was the cause of the collision. They ran away because they were not properly secured. Their position and precipitancy show, of themselves, that they were not handled and secured with the necessary skill and’ care.
The case, however, presents another question. Do the facts show that there was such a. break in the connection between cause and -effect, that it can be declared, as a legal
There can be no doubt, I think, if, in this instance, the flames of the burning oil had been carried by the wind directly from the point of collision to the petitioners’ building, and it had been thus set on fire and destroyed, that the injury would, in judgment of law, have been the natural and direct or proximate result of the collision. So, too, if the burning oil had descended from the point where it was first ignited, by the mere force of its own gravity, upon the petitioners’ building, and destroyed it, the connection between cause and effect would have been so close and direct that the defendant’s liability could not have been successfully questioned. So, also, if the fire had been carried from the place of its origin to the petitioners’ building by a train of combustible matter deposited in its track by the operation of the laws of nature, the petitioners’ injury, I think it could not have been doubted, would have been esteemed the direct result of the defendant’s negligence. It was distinctly ruled in Del. Lack. & West. R. R. Co. v. Salmon, ubi supra, that where a fire originates from carelessness, and is carried from the point of its origin to the place
These principles must rule this case. Their application is obvious. Eor, although water is almost universally used as a means to extinguish fire, and it seems, at first blush, to be absurd to say that it can be used for the purpose of extending it, yet it is true, as a matter of fact, that as an agency for the transmission of burning oil, it is just as certain and effectual in its operations as the-wind in carrying flame or a spark, or combustible matter in spreading a fire. In' keeping up the continuity between cause and effect, it may be just as certain and effectual in its operation as any other material force. In this instance, it carried the consequences of the defendant’s negligence to the petitioners’ property, with almost as much certainty and directness as if the burning oil had descended upon it in obedience to the law of gravitation.
The rule established by the case just mentioned, I understand to be this: That where a fire originates in the negligence of a defendant, and is carried directly by a material force, whether it be the wind, the law of gravitation, combustible matter existing in a state of nature, or other means, to the plaintiff’s property and destroys it, and it appears that no object intervened between the point where the fire started and the injury,- which would have prevented the injury, if due care had been taken, the defendant is legally answerable for the loss. Under this rule, the defendant is liable for the petitioners’ loss.