Present: Bertram C.J. and Garvin and Jayewardene A. JJ.

SAMED v. SEGUTAMBY.

358-D. C. Puttalam, 3,543.

Use of fire in agricultural operations-Spread of fire to neighbouring land -Action for damages-Has plaintiff to prove negligence on the part of the defendant ?-Contributory negligence.

The defendant cut down the jungle on his land and set fire to it in the course of some agricultural operations. The fire spread to the plaintiff's land and damaged his plantation. The plaintiff alleged negligence on the part of the defendant, and claimed damages. The defendant pleaded contributory negligence on 'the part of the plaintiff in exculpation.

A strip of 30 feet was cleared and reserved on the boundary of the plaintiff's land in the direction in which the fire would naturally be carried by the prevailing wind.

Plaintiff himself cleared a corresponding portion on his own land as an additional precaution. Neither side took the precaution to clear a strip to prevent the fire spreading in the event of a defection of the wind. The fire spread sideways, and got out of control.

The District Judge held that plaintiff had entirely failed to prove neglig