Sec. 52-559. Damage for spreading fire. - Connecticut Statutes

      Sec. 52-559. Damage for spreading fire. Any person who sets fire on any land, that runs upon the land of any other person, shall pay to the owner all damages done by such fire.

      (1949 Rev., S. 8300.)

      See Sec. 23-48 re penalty for kindling fire in the open without proper authorization.

      See Sec. 23-49a re burning ban, special burning permits and penalties for violation of ban.

      If the fire was originally set on the plaintiff's land, by one occupying it under a license, he is not within the statute. 25 C. 170. The fire need not be proved to have run continuously on the ground from one lot to the other. 30 C. 306. Proof of negligence is not required; 54 C. 461; but if defendant did not cause to be set or himself set fire he is not liable under statute; nor at common law for negligence unless negligence is shown. 100 C. 701. Fire marshal, not having authority to start fire, may not claim governmental immunity. 119 C. 599. Not enough to warrant recovery that fire causing plaintiff's loss originated on defendant's land but must have been set by, or caused to be set by, defendant. 149 C. 170. The fire must have not only originated on the defendant's land, but it must have been set by the defendant or caused by him to be set. The affirmative act of causing the fire is required. 150 C. 432.