TIT. II.

PART II. takes place, and an accident is caused. (Burrows v. March Gas & Coke Co., L. R. 7 Ex. (Ex. Ch.) 96. See par. 34 a.) 304.

CAP. I.

Fire.

Damages for the obstruction of a right.

Damages recoverable by lessee and reversioner.

A person is not liable for the consequences of a fire accidentally beginning on his premises. (Ad. Torts, 136; 6 Anne, c. 31, ss. 6, 7; 12 Geo. III. c. 73, s. 37; 14 Geo. III. c. 78, s. 86.) But if a fire is negligently lighted or kept by a person or his servant, he will be liable for any injury thereby occasioned to his neighbour's premises. (Rosc. 531.) 305.

Whenever the enjoyment of a right incident to the possession of land or a customary right has been tortiously obstructed, and the repetition of the tortious act would tend to establish an adverse legal right, substantial damages are recoverable, even though no actual damage of any other kind has been sustained. (Ad. Torts, 14; Mayne, 256; Harrop v. Hirst, L. R. 4 Ex. 43.) 306.

Damages are recoverable by a lessee in respect of an injury by a tortious act to his possessory interest; and if the repetition of the act would tend to the establishment of a prescriptive right permanently injurious to the inheritance, or if a nuisance is committed

which is permanent or injurious to the reversioner, damages are also recoverable by the reversioner. (Ad. Torts, 15; Rosc. 513; Mayne, 256.) 307.

PART II.

TIT. II.

CAP. I.

128

TIT. II.

Deprivation of possession

CHAPTER II.

OF INJURIES TO PERSONAL PROPERTY, AND

TO PECUNIARY CIRCUMSTANCES.

PART II. THE rights of personal property in possesCAP. II. sion are liable to two species of injury: the deprivation of the possession; and the abuse and damage, or damage of the chattels, while the possession continues in the legal owner. The deprivation of the possession is also divisible into two branches: first, the unjust taking them away; and secondly, the unjust detaining them, though the original taking away might be lawful. (3 Bl. Com. 144; Broom Com. 776.) 308.

Unjust taking or detainer.

There are two descriptions of redress for the unjust taking. The first is the restitution of the specific chattels taken, with the payment of damages for the loss or injury occasioned by the temporary deprivation of the possession. The second is the giving a pecuniary equivalent in the shape of damages for the permanent loss of the articles taken. (See 2 Bl. Com. 145.) 309.

PART II.

TIT. II.

CAP. II.

dogs and

A person who destroys another's dog or cat is in general liable to an action. But if a dog, when loose, is actually attacking a Injuries to man, he may destroy it, at the time, in self-cate defence. (Ad. Torts, 2nd ed. 160.) And if a dog chases conies in a warren, or deer in a park, or sheep in a fold, or fowls in a poultry-yard, he may be killed by the owner, at the time, to prevent their destruction. But it may not be killed after the chasing and the peril have ceased. (Ad. Torts, 2nd ed. 268.) Dogs trespassing in pursuit of animals feræ naturæ may not ordinarily be destroyed, even though the owner of the dog has received notice that trespassing dogs will be shot. (Ad. Torts, 2nd ed. 310, 314.) If an action is brought for the destruction of a dog, its character and mischievous propensities may be considered, in mitigation of damages. (Ad. Torts, 2nd ed. 315.) If a person sets a trap, though it be for foxes or vermin, and baits it with strong smelling meat, and places it so near to a highway or public path, or to the premises of his neighbour, as to be likely to attract dogs and cats while passing along the highway or path, or his neighbour's dogs and cats, and they are injured by getting into the trap, he is

PART II. liable. (Ad. Torts, 3rd ed. 162; Dixon, 295;

TIT. II.

CAP. II. Locke, 55.) 310.

Injuries by dogs to sheep or cattle.

By the common law, a man was not liable for injuries done by his dog, unless he had a previous knowledge of his mischievous propensities. (Locke, 249.) But by the stat. 28 & 29 Vict. c. 60, s. 1, it is enacted that “the owner of every dog shall be liable in damages for injury done to any cattle or sheep by his dog; and it shall not be necessary for the party seeking such damages to show a previous mischievous propensity in such dog, or the owner's knowledge of such previous propensity, or that the injury was attributable to neglect on the part of such owner. Such damages shall be recoverable in any Court of competent jurisdiction by the owner of such cattle or sheep killed or injured. Where the amount of the damages claimed shall not exceed 5l., the same shall be recoverable in a summary way before any justice or justices sitting in petty sessions under the provisions of the Act 11 & 12 Vict. c. 43." 311,

The 2nd section shows who is to be deemed the owner of the dog. 312.

Horses are included in the word " cattle." (Wright v. Pearson, L. R. 4 Q. B. 582.)