A person may become liable in trespass for injuries caused by inanimate objects or elements, owned or controlled by him. The classes of cases falling under this species of trespass are very diverse in their nature, the more important classes will be briefly considered.

The first inanimate agent damage by which, a man was held responsible for, was fire. At common law a man was responsible for all losses occasioned even by accidental fires under his control, but liability in such cases was abolished by statute.18 At the present time, damages for injury by fire, can only be recovered on the proof of negligence. Actions of this character are most frequently brought against railway companies for damages for fires caused by sparks from engines. To recover in such cases, negligence on the part of the company must be proved; mere proof that the fire was caused by sparks from the engine is not sufficient.19

Explosives are naturally dangerous, and the person owning them, must take proper precautions to prevent any damage therefrom. Where such explosives are kept in such a manner as to constitute a nuisance, the owner is absolutely liable for all damage they may occasion.20 Carelessness in the keeping of firearms will also render the owner liable, even although he had no direct part in the acts which occasioned the damage.21

A person owning or handling poisonous drugs is liable for injuries which they occasion through his carelessness. Thus a person who labels belladona, "extract of dandelion" is liable to any person injured thereby.22

18 Statute 6 Anne, C. E. This statute has either been reenacted in the several American States or is declared to be effective as a part of our common law.

19 Luman vs. Bastor, etc., R. Co.,

4 Cush. (Mass.), 288. 20 Hazard Powder Co. vs. Volger

(C. C. A.), 58, Fed. Rep., 152. 21 Dixon vs. Bell, 5 M. & S., 198.

Dangerous accumulations of water on a person's property may also render the owner of the property liable in tort.23 Negligence, however, is a necessary element in such liability, if the loss is occasioned by what is known as an act of God, vis major or the plaintiff's own fault there can be no recovery.24

Inanimate agents not dangerous per se, may cause damage, through the negligence of their owner. Thus, in the case of Illidge vs. Goodwin,25 the defendant's cart and horse were left standing in the street without anyone to attend them; a passer-by tapped the horse with a whip, whereupon it backed the cart against the plaintiff's window and did damage. The owner of the cart and horse was held responsible, the court saying: "If a man chooses to leave a cart standing in the street, he must take the risk of any mischief that may be done."

22 Thomas vs. Winchester, 6 N. Y.,

409.

23 Rylands vs. Fletcher, 3 H. & C.,

774; Gorham vs. Grass, 125 Mass.

24 Nichols vs. Marsland, 2 Ex. D., 1;

L. R., 10; Ex. 255. 25 5 C. & P. 190; 24 E. C. L., 272; see statement of this case in Street's Foundations of Legal Liability, Volume I, p. 66.