Madsen v. East Jordan Irr. Co.
Utah Supreme Court
1ConcurrenceWolfe, Justice
I concur. If actual tangible matter is projected by the blast on the property of another, it is held to be a trespass. One can sympathize with the view that if property is immediately injured by a force caused by a blast transmitted by concussion of air it is still a trespass. As stated in the opinion, there is a division of authority on that matter.
In the case of O’Neill v. San Pedro, Los Angeles & Salt Lake Railroad Company, 38 Utah 475, 114 P. 127, it was held that damage due to repeated vibrations over a long period of time must be chargeable in case, and negligence proved. Unless…
2Cases cited3 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- O'Neill v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1911
- Barrus v. Western Union Telegraph Co.Utah Supreme Court · 1936