City of Malden v. Breslin

Rockbusters, Inc. (Rockbusters), undertook the breaking up and removal of a rock outcrop on land located in Malden. A pneumatic hammer with an attached chisel and hydraulic excavator, with a combined weight of about 108,000 pounds, were used. The hammer and attached chisel would strike the rock continuously at a rate of 300 to 350 beats per minute with 10,000 foot pounds of impact to the rock with each beat. Robert E. Breslin and Shirley Constantine lived next door to each other and across the street from Rockbusters’ worksite. There was a granite outcrop behind their properties which was…