Judgment
Chief Justice Holt gave judgment.
| “ | as man ought to keep the fire in his field, as well from the doing of damage to his neighbour as if it were in his house… if a stranger set fire to my house, and it burns my neighbour’s house, no action will lie against me… But if my servant throws dirt into the highway, I am indictable. So in this case if the defendant’s servant kindled the fire in the way of husbandry and proper for his employment, though he had no express command of his master, yet his master shall be liable to an action for damage done to another by the fire; for it shall be intended, that the servant had authority from his master, it being for the master’s benefit. | ” |
Read more about this topic: Turberville V Stampe
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