Owners of dwelling liable for escape of fire to neighbour’s property arising from negligence of building contractor

Negligence - escape of fire - liability at common law - s.1 Accidental Fires Act 1943 - parties as owners and occupiers of adjoining dwelling houses in Dublin - fire originating from first and second defendants' roof following building works spread to plaintiff's roof, causing substantial damage to both premises - independent contractor engaged by defendants already found liable in negligence to plaintiff in related proceedings (Noonan J.) - whether defendants now liable in common law for the damage caused to the applicant's premises by reason of the negligence of their own independent contractor - development of the law - strict liability for the escape of fire modified by statute where fire shown to be caused 'accidentally' - vicarious liability - tort of negligence - whether imposition of liability on respondent would be unjust - negligence arising out works of independent contractor not germane to the issue - party engaging contractor free to determine skill, expertise and extent of works permitted on his/her property - judgment entered in favour of plaintiff against all defendants.