High Court Wellington
23 October 1958; 10 February 1959
McGregor J.
23 October 1958; 10 February 1959
McGregor J.
Negligence — Farm tractor with internal combustion engine — Tractor used to cut fire-break through dry scrub — Spark from exhaust causing scrub fire — Fire spreading to neighbour's land and causing damage — No lack of skill or care in management of tractor — Use of tractor without spark-arrester not negligent
Tort — Nuisance — Absolute liability for fire — Tractor used to cut fire-break through dry scrub on farm without negligence — Spark from exhaust causing fire and damaging neighbouring property — Such use ordinary or natural use of land excluding absolute liability.
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