Korossa Rubber Company V. Silva

[Privy Council.]       1919

Present: Viscount Haldane, Lord Buckmaster, and Lord Dunedin.

 KOROSSA  RUBBER  COMPANY  v.   SILVA   et  al.

Damage by fire-Action for damages-Proof of negligence-Evidence Ordinance, ss. 32 and 33-Hearsay evidence-Statement by person who cannot be found-Report of Korala who was dead-Method of assessing damages.

A destructive fire spread from defendants' land to plaintiffs' estate and destroyed a number of rubber trees. In an action for damages plaintiffs sought to prove that the fire was caused by the act of the defendants' kangany P, who admitted to the Arachchi and to the Korala that he set fire to a heap of rubbish or jungle near his hot on defendants' land. The Korala made a report, in which was recorded the admission. The report was written nearly one month after P made the statement. P disappeared before trial; the process server made a return to the effect that a subpoena could   not   be   served   on   P. The Korala was dead before   the   trial.

Held, (1) that the evidence of the Arachchi that P had admitted that he had set fire to the jungle was admissible.

(2) That the report of the

Click Here to Read the rest of this document