Malloy v. Lane Construction Corporation

The shock waves of a blasting operation, travelling through air and ground, damaged the plaintiffs’ dwelling house, according to their writ. The defendant construction company is named as the responsible agency, but its acts are not condemned as wrongful or negligent.

Although the actual blasting took place off the plaintiffs’ property, their complaint sounds in trespass. At common law, this form of action required no allegation of negligence in the defendant. Also, it had particular application to injury to real estate.

The substance of the defendant’s argument in contending that the complaint…