The Plaintiff claimed damages against the Defendant, Zambia Railways Board, by reason of the negligence and/or breach of statutory duty on the part of the Defendant in that: (a) The Defendant Railway
Board failed to prevent sparks, coals or other inflammable material escaping from the Defendant's steam locomotive which was being driven along the permanent railway; (b) It had failed to maintain any adequate fire breaks so as to prevent the spread of fire caused on or adjacent to the permanent railway as the Defendant was required by law to do and as a result of which the Plaintiff sustained loss or damage.
Held:
(i) That statutory authority and indemnity extended not merely to the act itself but to all its necessary consequences and that where the legislature had authorised an act as in the case of the Defendant Board, it must have envisaged the possibility, if not the likelihood and the necessity, for the use of steam locomotives and since the Act contained an implied statutory power which authorised the use of steam locomotives, the Defendant Board was under no strict liability in the matter.
(ii) That although the Plaintiff had not established any negligence in the operation of the particular steam locomotive, there was, however, evidence of danger in the operation of the said locomotive adjoining agricultural land or grass land in the dry season which said danger was fully appreciated by the Defendant Board, and in view of the fact that the evidence disclosed negligence on the part of the Defendant Board in this regard, the defendant was liable for the consequential loss to the plaintiff.
