Lehigh Portland Cement Co. v. Donaldson

FOSTER, Justice.

This is an action at law for the recovery of damages claimed for negligence in blasting limestone by defendant on its own property, thereby injuring the adjoining property of plaintiff’s intestate, and also his person.

The first assignment of error relates to the giving of charge No. 7 for the plaintiff. The objection urged is that it uses the words “through the negligent use of dynamite,” as though “through” were equivalent to “proximate cause.” It is observed that the charge is first predicated on the assumption that the jury should find for plaintiff. That apparently means…