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Resulted Pigu an example concerns a real situation. In Britain the iron
Are expensive usually should not to pay damages that who has suffered from a fire,
Called by locomotive sparks. In the light of told by it in the chapter of IX part II I
I interpret recommendations of Pigu, first, so that actions are necessary
The states to modify this "natural" situation, and, secondly,
That it is necessary to force railways to the indemnification what wood
Burns down. If this interpretation of a position of Pigu is correct, I will assert that the first
The recommendation is based on incorrect understanding of the facts, and the second not too
It is desirable.
Let's consider a legal position. In "Halsbury's Laws of England" under heading
"Locomotive sparks" we find the following:
"If organizers of the railway use the steam engine without the obvious
Permissions of the law it to use, they bear responsibility - irrespective of
That, they were cautious or careless - for the fires called by sparks from
The engine. However, as a rule, to organizers of the railway give
The right to use the steam engine; it means that if the engine
It is designed with all scientific precautions from a fire and it is used
Without negligence displays, they according to common law rules not
Bear a damage liability which can be caused sparks.
Organizers are obliged in order to avoid a damage to use in a design of engines
All opening which are given to them by a science if these opening are that that
It is reasonable to demand from the company of their use, with the due account of probability
Damage, and also costs and convenience of use; but is not
The certificate of a negligence of organizers if they refuse to use
The devices, which overall performance it is opened for bona fide doubts ".
To this general rule there is an exception which is based on the Law about
Railways (fires) from 1905, added in 1923 It concerns
Farmlands or crops.
"... That fact that the engine was used from a law permission, does not eliminate
Responsibility of the company for damage causing... These positions, however,
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