General Part, Illustrations. (9)

1. The X. Railway Company is authorized to make and work a railway passing near Z.’s house. Z. is put to inconvenience, and the structure of his house injured, by the noise and vibration necessarily produced by the trains. The company has not wronged Z..

2. The X. Railway Company in execution of its authorized works makes a cutting which affects the support of A.’s house and puts it in danger of falling. The company has wronged A..

[3. The X. Railway Company is authorized to raise and maintain on all or any part of certain lands a railway with incidental works, workshops, and other buildings. The company builds workshops within the authorized limits for the purpose of making plant and appliances for the use of the railway. A. is a householder, near the site of the workshops, and the smoke from the workshops is such as to create a nuisance to A. in the use and occupation of his house. The company has wronged A.].

Accidental harm without negligence.21. A person is not wronged who suffers harm through the doing of a lawful act, in a lawful manner, by lawful means, and with due care and caution.