POWELL V. FALL
5 Q.B. 597 (1880)
NATURE OF THE CASE: This was an action tried without a jury to recover a sum of 53l. 6s.
8d., in respect of injury done to a rick of hay upon a farm of Powell (P), adjoining a
public highway
FACTS: At the time when the injury was occasioned to the hay stack by the sparks of fire
issuing from D's engine, it was not travelling at a greater speed than that prescribed by
statutory Acts. The engine was constructed in conformity with the provisions of 24 & 25
Vict. c. 70, and of 28 & 29 Vict. c. 83. The injury was not occasioned by any negligence on
the part of D's servants conducting or managing the same. It is clear that D conducted the
activity with all reasonable care and without negligence. However, following Rylands v.
Fletcher, the court stated 'that when a man brings or uses a thing of a dangerous character
on his own land, he must keep it in at his own peril and is liable to the consequences, if
it escapes and does injury to his neighbor,' and ruled for P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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