Mathison v. Massart Co.

Plaintiffs appeal from a directed verdict for defendant. The issue is whether plaintiffs, having pleaded only defendant’s negligence in setting off explosives and having failed to offer any proof of negligence at trial, could recover on a theory of strict liability.

Plaintiffs’ complaint read:

“I

“That during all times herein mentioned plaintiffs were and now are the contract purchasers and in possession of real property, with a residence thereon * * * .

“II

<(* * * * *

“III

“That between the 19th day of March 1979 and the 13th day of April, 1979, defendant, while excavating in Lava Street and…