Negligence on the part of the company alone gives a cause of action; but the law very properly requires that the company shall in the exercise of the rights and powers so conferred upon them adopt such precautions as may reasonably prevent damage to the property of third persons through or near which their railway passes. Chief among these is the requirement to use the most approved mechanical contrivances in the construction of their engines, but the exercise of care in the management of their road is by no means confined to this. The case I have referred to of Smith v. London and South‑Western
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