Legal Opinion · Concurrence

Madsen v. East Jordan Irr. Co.

Utah Supreme Court

Decided May 15, 1942No. 6457Published

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

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. O'Neill v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1911
  3. Barrus v. Western Union Telegraph Co.Utah Supreme Court · 1936

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