When property is injured by fire communicated by an engine of a railroad company, without contributory negligence on the part of the person entitled to the care and possession of such property, such company shall be held responsible in damages to the extent of such injury to the person so injured. Each such company shall have an insurable interest in the property for which it may be so held responsible in damages and may procure insurance thereon in its own behalf.
(1949 Rev., S. 5557.)
History: In 1981 Sec. 16-175 transferred to Sec. 13b-360.
See Sec. 23-42 et seq. re liability of railroads for damages caused by sparks and railroad fire hazards generally.
Annotations to former section 16-175:
Company held for damage to B's property caused by fire starting on A's land, and left burning at A's request. 52 C. 271. Statute held constitutional; “property” included fences and trees. 54 C. 447. Statute is not penal, and action thereon is not barred for 6 years. 56 C. 21. Company cannot have advantage of owner's insurance on property destroyed. 60 C. 129. Liability statutory, not for negligence. 62 C. 339; 93 C. 79. Contributory negligence will defeat recovery on statute. 72 C. 28. Nature of evidence admissible; other fires set by sparks from engine. 93 C. 79. What evidence of damage is admissible; 106 C. 424; where equitable relief is also claimed; Id., 434; measure of damage where property has no real market value. Id., 430.
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