2. 



law maxim is that- '^One must so use one's own (property) 

 as not to injure another". Common law is a system of 

 jurisprudence originating in custom or usage as disting- 

 uished from statutory law which is a legislative enactment 

 duly sanctioned and authenticated^ 



Connecticut has a good law whereby damages can 

 be recovered. It reads as follows: "When property is 

 injured by fire communicated by an engine of a railroad 

 company^ without contributory negligence on the part of 

 the person entitled to the care and possession of such 

 property, such company shall be held responsible in dam- 

 ages to the extent of such injury to the person so in- 

 jured." In contrast to this the Oregon law allows 

 double damages in some cases. This law says: " In 

 addition to the penalties provided in this act, the United 

 States, state, county, or private owners, whose property 

 is injured or destroyed by fires in violation of this act, 

 may recover in a civil action double the amount of damages 

 suffered if the fires occurred through willfulness, malice, 

 or negligence; but if such fires were caused or escaped 

 accidentally or unavoidably, civil action shall lie only 

 for actual damage." The Wisconsin law also allows double 

 damages. In some ways the Nev/ York law is even more 

 definite than those already given. It says: "Any person 

 who negligently suffers a fire to extend from his own 

 lands to any other lands shall be liable to the state for 

 any damages caused to state lands by such v/rongful act. 

 He shall also be liable to any person or municipality for 

 actual damages caused to such person or municipality by 



