case Turberville vers stamp in b r see SC salk e r with note a action upon the  case lie for negligent keep fire in defendant close by which the plaintiff be  damage Skinn SC salk SC ld raym S c Carth S comb S c holt SC Mod SC ray Ent  old Ent raze Ent Mod Ent Com dig a action on the case find upon the general  custom of the realm against the defendant for negligent keep his fire and the  plaintiff declare that the defendant in his close do light up a fire to burn  the stubble fire suum tam improvident negligent to watch quod comens  diminution debt is owed watch fire Sui breed the clothes of the plaintiff in  the close adjoin be burn after a verdict for the plaintiff gold sergeant move  in arrest of judgement for that this action lie not neither for comens er p  the matter of it nor for the manner for a action lie not on account of a fire  light up in a close but only for fire in a house for there a man must take  care of his fire at his own peril and it may proper be say to be his own fire  but out of his house it can be say to be his fire and where it be not his fire  a action will not lie as it seem h a but if a action will lie for the matter  yet in the present case it be ill bring for the plaintiff ought to have  declare that the defendant to be on fire well to be on fire his clothes and  not to have declare upon the general custom of the realm Northey contra a  action lie as well where the fire be light in the close as in the house of the  defendant a action be maintain late for fire in the woodstack of the defendant  and then the declaration be well enough for the plaintiff say that by the  improvident keep of the fire the clothes of the plaintiff be burn which be now  find by the verdict holt c j the only question be whether the plaintiff ought  not to have show a special negligence in the defendant the case be afterward  adjudge in favour of the plaintiff by the whole court for the action be as  well for a fire kindle in the field of the defendant as in his house for it be  the defendant fire and kindle in his ground and he ought to have the same care  of a fire which he kindle in his field as of that which be make in high house  for the duty to take care of both be find upon this maxim such skin tuo ut non  to hurt another but if the fire of the defendant by inevitable accident by  impetuous and sudden wind and without the negligence of the defendant or his  servant for who he ought to be answerable do set fire to the clothes of the  plaintiff in his ground adjoin the defendant shall have the advantage of this  in evidence and ought to be find not guilty but here the verdict bath find  negligence in the defendant therefore judgement for the plaintiff quaere  whether the present case be within the reason it not be within the word of the  saint Ann cap sec make perpetual by the saint Ann cap sect