I think therefore that the defendants were acting under the authority and the direction of the law when they set about burning this fireguard on August 19, and that they cannot be held liable for the damage caused by the spread of the fire unless negligence can be brought home to their section men. In my opinion the Rylands v. Fletcher case, supra, has no application. Consequently the question which remains to be considered is whether these men took all proper precautions to prevent the escape of fire having regard to the conditions by which they were surrounded when they did their work. It is upon this point that the learned trial Judge bases his judgment. In his opinion the defendants’ employees did not exercise proper diligence in the circumstances.
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