§ 52-559 — Damage for spreading fire.

Connecticut § 52-559

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 925: Statutory Rights of Action and Defenses

Text

Any person who sets fire on any land, that runs upon the land of any other person, shall pay to the owner all damages done by such fire. See Sec. 23-48 re penalty for kindling fire in the open without proper authorization. See Sec. 23-49a re burning ban, special burning permits and penalties for violation of ban.

Legislative History

(1949 Rev., S. 8300.) If fire was originally set on plaintiff's land, by one occupying it under a license, he is not within statute. 25 C. 170. Fire need not be proved to have run continuously on the ground from one lot to the other. 30 C. 306. Proof of negligence is not required; 54 C. 461; but if defendant did not cause to be set or himself set fire, he is not liable under statute; nor at common law for negligence unless negligence is shown. 100 C. 701. Fire marshal, not having authority to start fire, may not claim governmental immunity. 119 C. 599. Not enough to warrant recovery that fire causing plaintiff's loss originated on defendant's land but must have been set by, or caused to be set by, defendant. 149 C. 170. Fire must have not only originated on defendant's land, but it must have been set by defendant or caused by him to be set; the affirmative act of causing the fire is required. 150 C. 432.