Henry Hall Sons' Co. v. Sundstrom & Stratton Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Sundstrom & Stratton Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 8th day of June, 1909, upon the report of a referee.
1Opinion of the Court
Buee, J.:
Defendant complains that there is no evidence in this case that the acts of which plaintiff complains were negligently done. It is not necessary that there should be. • Blasting upon one’s own .premises or upon the premises of another, with permission of the owner, if necessary for the improvement thereof, is not an unlawful act. Such blasting necessarily causes vibration of the earth and *549air to a greater or less extent. Such vibrations cannot be confined within inclosed limits. Hence it must follow that if rightfully and not negligently caused, even although consequential injuries…
2Cases cited8 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Benner v. Atlantic Dredging Co.New York Court of Appeals · 1892
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Lakeside Paper Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1899
- Pritchard v. . Edison Electric Illuminating Co.New York Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Norwood v. SheenOhio Supreme Court · 1933
- Tom Sawyer Motor Inns, Inc. v. Chemung County Sewer District No. 1Appellate Division of the Supreme Court of the State of New York · 1969
- Allegheny Coke Co. v. MasseyCourt of Appeals of Kentucky · 1915
- Annutto v. Town of HerkimerNew York Supreme Court · 1968
- Viele v. PavingAppellate Division of the Supreme Court of the State of New York · 1911
7 more not listed; retrieve them via the Exa API.