17 



that they must pay this in addition to the damages, they will 

 exert even greater efforts in preventing fires. The 

 Connecticut law says that "Any railroad company which, through 

 any act of its employees or agents, by sparks from its loco- 

 motives, or otherwise, sets fire to trees, brush, or grass on 

 lands outside the right-of-way of such company shall be liable 

 to the town or city in which such fire occurs for the lawful 

 expenses incurred by such tovm or city in extinguishing such 

 fire." The Massachiisetts law is almost identical with the 

 Connecticut law. The west Virginia law provides that the 

 railroad shall pay the costs of extinguishing but that "the 

 same shall not bar the rights of damage between the parties 

 thereto". 



Fire Insurance 



Pive states have laws which give the railroad the 

 right to secure insurance on property adjoining the right- 

 of-way which is liable to be damaged by fires caused by the 

 railroad. If the railroad is held responsible for damages, 

 then it should have an insurable interest in property which, 

 because of its dangerous location, is subject to railroad 

 fires. The Massachusetts law says that "The railroad shall 

 have an insurable interest in the property upon its route 

 for which it may be held liable for damages, and may pro- 

 cure insiijranee thereon in its own behalf. If it is held 

 liable in damages, it shall be entitled to the benefit of 

 any insurance effected upon such property by the owner there- 

 of, less the cost of premium and expense of recovery. The 

 money received as insurance shall be deducted from the dam- 



