Bedell Et Ux. v. Goulter

This is a case of first impression in this court. It presents the question whether damages may be recovered for injury to real property caused by concussion or vibration from blasting operations where it is neither pleaded nor proven that the defendant was negligent in the conduct of such operations. In a jury-trial at the conclusion of the testimony the court, being of the opinion that the amended complaint on which the case was tried did not state facts sufficient to constitute a cause of action because no negligence was alleged, sustained a motion for judgment of involuntary nonsuit…