Beckstrom v. Hawaiian Dredging Co.

DISSENTING OPINION OP

RICE, C. J.

I respectfully dissent.

I concede the correctness of the majority’s view as to the nonapplicability of Mutual Telephone Company v. Hawaiian Contracting Company, Limited, 31 Haw. 296, to the instant case and that the question whether the defendant’s blasting was the proximate cause of damage to the plaintiffs’ house should be submitted to the jury. However, I disagree with the majority in respect to the adoption in this Territory of the rule of absolute liability of a user of dynamite, regardless of the extent of care in the use thereof and I would modify the…