CO129-627-4 Argyle Street explosion- correspondence on claims and enquiries 1-6-1946 - 31-7-1951 — Page 69

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