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 damages to the extent of such injury to the person so injured. Each such company shall have an insurable interest in the property for which it may be so held responsible in damages and may procure insurance thereon in its own behalf.
(1949 Rev., S. 5557.)
History: In 1981 Sec. 16-175 transferred to Sec. 13b-360.
See Sec. 23-42 et seq. re liability of railroads for damages caused by sparks and railroad fire hazards generally.
Annotations to former section 16-175:
Company held for damage to B's property caused by fire starting on A's land, and left burning at A's request. 52 C. 271. Statute held constitutional; “property” included fences and trees. 54 C. 447. Statute is not penal, and action thereon is not barred for 6 years. 56 C. 21. Company cannot have advantage of owner's insurance on property destroyed. 60 C. 129. Liability statutory, not for negligence. 62 C. 339; 93 C. 79. Contributory negligence will defeat recovery on statute. 72 C. 28. Nature of evidence admissible; other fires set by sparks from engine. 93 C. 79. What evidence of damage is admissible; 106 C. 424; where equitable relief is also claimed; Id., 434; measure of damage where property has no real market value. Id., 430.
Structure Connecticut General Statutes
Chapter 245b - Railroad Operations
Section 13b-325. (Formerly Sec. 16-141). - Operation of motor buses.
Section 13b-330. (Formerly Sec. 16-146). - Warning device on gasoline motor car.
Section 13b-331. (Formerly Sec. 16-147). - Engineers to have copies of law and be sworn.
Section 13b-332. (Formerly Sec. 16-148). - Assistant engineer or fireman may signal.
Section 13b-333. (Formerly Sec. 16-149). - Signal at crossing not at grade.
Section 13b-334. (Formerly Sec. 16-150). - Commissioner of Transportation may regulate signals.
Section 13b-335. (Formerly Sec. 16-151). - Change of signals.
Section 13b-336. (Formerly Sec. 16-152). - Lights on track motor cars.
Section 13b-337. (Formerly Sec. 16-153). - Windshields and tops on track motor cars.
Section 13b-338. (Formerly Sec. 16-154). - Obstruction of streets by railroad cars.
Section 13b-339. (Formerly Sec. 16-155). - Obstruction of highway at crossing.
Section 13b-340. (Formerly Sec. 16-156). - Use of highway for switching.
Section 13b-341. (Formerly Sec. 16-157). - Use for switching regulated on petition.
Section 13b-342. (Formerly Sec. 16-158). - General orders regarding crossings. Forfeiture.
Section 13b-346. (Formerly Sec. 16-162). - Penalty.
Section 13b-347. (Formerly Sec. 16-163). - Warnings at grade crossings.
Section 13b-348. (Formerly Sec. 16-164). - Speed of trains in cities and boroughs.
Section 13b-349. (Formerly Sec. 16-165). - Cars at rear of locomotive.
Section 13b-350. (Formerly Sec. 16-166). - Standard time.
Section 13b-351. (Formerly Sec. 16-167). - Approach to station. Forfeiture.
Section 13b-353. (Formerly Sec. 16-169). - Water closets at stations.
Section 13b-354. (Formerly Sec. 16-169a). - Maintenance of station and working yard areas.
Section 13b-355. (Formerly Sec. 16-170). - Bulletin of late trains. Forfeiture.
Section 13b-360. (Formerly Sec. 16-175). - Fire caused by engine; insurable interest.
Section 13b-361. (Formerly Sec. 16-176). - Notice of claim.
Section 13b-362. (Formerly Sec. 16-177). - Fire communicated by railway engine.
Section 13b-365. (Formerly Sec. 16-180). - Certain employees to wear badges.
Section 13b-375. - Enforcement of statutory provisions and orders of commissioner.
Section 13b-376. - Operation lifesaver program. Operation Lifesaver Committee. Grants. Regulations.