Valley Stone Co. v. Binion

CLAY, Commissioner.

Appellees recovered a judgment of $5,000 against appellant for damages allegedly caused two buildings on their property by the blasting operations of appellant.

Appellant’s principal contention on appeal is that it was entitled to a directed verdict because appellees failed to prove negligence and causation. Since injury caused by blasting operations is in the nature of a trespass or a nuisance, negligence need not be pleaded or proved. Lynn Mining Co. v. Kelly, Ky., 394 S.W.2d 755; Juett v. Calhoun, Ky., 405 S.W.2d 946.

There was ample proof that during the summer of 1964…