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Powell v. Fall

Queen's Bench

5 Q.B. 597 (1880)

Relevant factsFree

Fall (defendant) drove a steam-powered locomotive on a public highway in full compliance with governing statutes on locomotive construction and operation, but sparks from the engine set fire to Powell's (plaintiff) adjacent hayfield; Powell sued for the fire damage, and the lower court ruled for him, prompting Fall's appeal that he could not be held liable absent proof of negligence.

IssueFree

Whether strict liability may be imposed for damage caused by the lawful operation of an inherently dangerous machine.

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