69
e
possession of use of such crtácios, vhore with proper oare is abould not so result,
in prima funda evidence of regligence. The onus in this one of proving that there
was no negligence would west on the
von apart from mylizance the use of the land by one person in an exoc tional
camor that cetlana daunɔ to ainthar is actionsbl
doctrine is known to
lagers as the doctrine ostahiliahod by the case of 11ot ches vyharles It was applied
in the ɑnae of indrbets
vorke „ide v Balvalore Fish Guano -o» (1921) 2 &
In that case the lairhon herdoel or
465 shiloh me a libuse of io.da onun
starod on their property a large quantity of dinitrphenal for the purpose of manuf soturing påorio aoli on behalf of the iåndstry of bunitiones Un optomber,
the 1916, a violent explosion occurred onusing loss of life and serious damage to
aljaining propoty ânululing that belonging to the belvedere Fish Guano Coe, who
institubed proceedings to recover openstion for their 100 It was ac opted in
so
that onse that the infanlarŝa did not know that the nager existed but it
that this in itself affaled no exouse and that the Flairéifïs were entitled to
muxea).
bald
applying the aboje principles to the prosent unde we are of the opicion that (apart from the special ciruretanoes and the ladinance certioned above) the
war Depatmut are liable to pay co-penection for the loss and donasiga asusal by the
axplosion and that the nasor to the general question stated in varos 4, (b) of the
warn
•De letter of 1th : ob'un y1⁄2
de in
ativo»
Aith royed to question lio (1) in sixh letter we do not feel competent to answer thân (postion definitely as we can find no legal authority on the point. coneral principles stated above however, it would appear that crony aartinition dưgs being a potential danger to the civilian population should be alwared as soon as posible and failure to do so would be evidence of nagiigonos
Applying the sona práciples to the other quetions the cnevor's arti❤
(11) úvery possible ore abould have been taken as rajada the civiliam
population when olearing the dup
(115) It has been held by the ivil Courts that persons who leave ertidãos
* thay ray be moddled with a used
ngerous in thetzelvesj
by erotial panne, aby or by others who are no ars of their dangerous nature aze liable unless they on that they were not negliɛpné.
(iv) The duty to warn the civilian population of the danys would we think be
donor
included in the general duty to take the highest possible degree of œure
as ront.oned a:296.
(v) There is no diʊinution betwœon the duty to take ure in the Vse of