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where there is no negligence. The liability was, however, by the Railway Fires Act,
1905, as amended by the Railway Fires Act (1905) Amendment Act, 1923, restored
so far as it related to damage to agricultural land or agricultural crops by fire
arising from sparks or cinders emitted from a locomotive, to the extent of £200
in anv case.
The Royal Commission on Fire Brigades and Fire Prevention dealt with the
matter in their report dated 20th July, 1923, and recommended that the problem
of the most efficient method of preventing the emission of sparks from locomotives
should be further investigated.
The Royal Commission also stated in paragraph No. 32 of their report that the
problem of preventing the emission of sparks without impairing the efficiency of
the engine appeared to be one which could not be regarded as having been satisfactorily
solved.
Having regard to these considerations, it was not thought that legislation
having for its object the compelling of railway companies to prevent the emission
of sparks and cinders from their locomotives or to penalise them if such emission is
permitted or to increase their liability for damage resulting from such emission,
would be likely to succeed at the present time. While it might be reasonable to
take action with a view to penalising railway companies for causing damage by
sparks to other than agricultural land and crops the opinion was expressed that
Parliament would almost certainly take the view that the matter, if dealt with at
all by means of legislation, was one which should be considered from the standpoint
of the whole country and be dealt with by a public Bill.
In all the circumstances it was decided in June, 1925, to take no action in the
matter.
Proceedings as indicated below were taken by the Council during 1925 with
regard to smoke nuisance from railway and road locomotives, and some proceedings
were also instituted by the sanitary authorities in respect of smoke nuisance from
trade premises. As regards railway locomotives, section 114 of the Railway Clauses
Consolidation Act, 1845, requires that every locomotive shall be constructed on the
principle of consuming its own smoke, and section 19 of the Regulation of Railways
Act, 1868, enacts that, if a locomotive fails to do this, the railway company shall
be guilty of an offence. Fifty-four prosecutions were instituted against railway
companies; 51 convictions were obtained, penalties and costs amounting to
£117 19s. 6d. being imposed. Seven prosecutions instituted in respect of smoke
nuisance from road locomotives were all successful, the penalties and costs imposed
amounting to £5 13s. 6d.
Particulars of the work carried out during the year in connection with the
suppression of smoke nuisance are as follow:—
(1) Railway locomotives:—Nuisances reported—65. Prosecutions—57. Convictions—51.
Total of fines imposed—£82 8s. Total of costs imposed—£35 11s. 6d.
(Proceedings outstanding in 3 cases.)
(2) Road locomotives:—Nuisances reported—12. Prosecutions—7. Convictions—7.
Total of fines imposed—£4. Total of costs imposed—£1 13s. 6d.
(3) Premises:—Reports made as to alleged nuisances—161. Cases in which
legal proceedings were taken by metropolitan borough councils as the result of such
reports—3. Convictions—2. Total of fines imposed—£7. Total of costs imposed
—£21.
In one case in which a conviction was not obtained the summons was dismissed
on payment of £15 15s. costs.
Smoke
nuisance—
Electrification
of
railways.
In connection with the question of smoke prevention, the question was raised
whether pressure should be brought to bear upon the railway companies to electrify
all railways operating in the London area. The Minister of Transport was approached
with a view to obtaining such statistics as were available as to the extent to which