Page:Harvard Law Review Volume 4.djvu/375

Rh answerable for such torts unless they were prepared to go much beyond the point at which their successors have stopped. Apart from frauds and intentional trespasses against the master's will I only know of one other case in the Year Books which is important to this part of my subject. That, however, is very important. It is the case concerning fire, which was the precedent relied on by Lord Holt in deciding Turberville v. Stampe, which in its turn has been the starting-point of the later decisions on master and servant. I therefore shall state it at length.

Beaulieu sued Finglam, alleging that the defendant so negligently guarded his fire that for want of due guard of the same the plaintiff's houses and goods were burned. Markham [J.], A man is held to answer for the act of his servant or of his guest (hosteller) in such case; for if my servant or my guest puts a candle on a beam, (en un pariet,) and the candle falls in the straw, and burns all my house, and the house of my neighbor also, in this case I shall answer to my neighbor for the damage which he has, quod concedebatur per curiam. Horneby [of counsel], Then he should have had a writ, Quare domum suam ardebat vel exarsit. Hull [of counsel], That will be against all reason to put blame or default in a man where there is (il ad) none in him; for negligence of his servants cannot be called his feasance. Thirning [C. J.], If a man kills (tue ou occist) a man by misfortune he will forfeit his goods, and he must have his charter of pardon de grace. Ad quod Curia concordat. Markham, I shall answer to my neighbor for him who enters my house by my leave or my knowledge, or is entertained (hoste) by me or by my servant, if he does, or any one of them does such a thing, as with a candle (come de chandel), or other thing, by which feasance the house of my neighbor is burned; but if a man from outside my house, against my will, puts the fire in the straw of my house, or elsewhere, by which my house is burned and also the houses of my neighbor are burned, for that I shall not be held to answer to them, etc., for this cannot