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AN INTERESTING CASE.

15th July 1924, Page 28
15th July 1924
Page 28
Page 28, 15th July 1924 — AN INTERESTING CASE.
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Which of the following most accurately describes the problem?

;Some considerable time ago a steam vehicle and trailer belonging to a firm of cartage contratcors were passing along a road in Paisley when sparks emitted from the chimney set fire to the compressed cork in bales which was being carried. The lorry and trailer were brought to a stop opposite a private residence, and the burning cork • was blown into the house and garden, destroying or damaging the interior deco. -ration of the house, carpets, clothing

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and furniture, as.well as the plants, etc., in the garden.

The owner instituted a suit for damages, and he pleaded that the lorry, being liable to emit sparks, was a nuisance within the meaning of Section 13 of the Locomotive Act, 1861, and that, therefore, the defendants were liable for any damage which might be caused thereby., The defendants denied liability and averred that they had been prejudiced

by the six months' delay of the plaintiff ra making his claim, and they pleaded that they were entitled to be assoilized in respect that the steam vehicle was one . of the best and most recent types, was handled, in a careful manner and was not a nuisance.

Judgment was first given for the defendant, but no award of costs was made. However, the plaintiff appealed, and the appeal was upheld, £60 damagesbeing awarded in addition to costs.

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