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law that one is to use and enjoy his own property in such a manner 
as will not involve the injury of another. It is held that fire, being a 
dangerous element, whoever lights a tire, whether in a dwelling, in the 
field, or elsewhere, is hound to keep it so within his control that it shall 
not occasion damage to any one else. But he is held only to reasona- 
ble care and prudence in this respect, and there is room, iu a multitude 
of cases, lor dispute whether there was requisite care or such negli- 
gence as to render one liable for damages. 
In most of our States, as has been said, the liability of railroads for 
damage occasioned by sparks from locomotives is determined by the 
common law. Most of the States, however, have made enactments on 
the subject. In Colorado, for example, railroad companies are required 
to have a strip of ground, not less than G feet wide, plowed every year 
between July and October on each side of the line of road, sufficient 
to prevent the spread of fire. This is not required within the limits of 
towns or cities, or on roads running through mountains where plowing 
would be impracticable. 
In Connecticut the statute declares the fact that a fire was occa. 
sioned by a locomotive shall be prima facie evidence to charge with 
negligence those owning or operating the railroad on which the loco- 
motive was in use. In Massachusetts whoever willfully or without 
proper care sets fire to the property of another is liable to a fine of 
$250, aud fire wardens are directed to prosecute such offenders. 
In Illinois the fact that a fire has been started by sparks from a loco- 
motive is made, as in Connecticut, presumptive evidence of criminal 
negligence. 
The law of Maine enacts that when property is injured by fire com- 
municated by a locomotive, the corporation using it is responsible for 
such injury, and it has an insurable interest in the property along the 
route for which it is responsible and may procure insurance thereon. 
In Maryland, railroad companies are responsible for injuries occa- 
sioned by fire, unless they can prove to the satisfaction of the court 
that there was no negligence. 
In Michigan railroad companies are made liable for all loss or dam- 
age occasioned by the engines or employes of such companies. It is 
provided, however, that they shall not be liable if the engines are in 
good order and properly managed, all proper precautions are taken to 
prevent the origin of fires, and proper efforts are made to extinguish 
fires, in case of their extending beyond the limits of the road, when the 
existence of such fires is communicated to any of the officers of the 
road. 
In New Hampshire railroads are made liable for all damages. They 
are also declared to have an insurable interest in all property on the 
line of the road exposed to damage. 
The law of Vermont is similar to that of ISTew Hampshire. 
