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Legal Opinion

Britton v. Harrison Const. Co.

District Court, S.D. West Virginia

Decided December 28, 1948No. Civ. A. 859, 860PublishedCited by 8 opinions

1Opinion of the Court

BEN MOORE, Chief Judge.

The plaintiff in these two cases, which have been consolidated, bring their actions seeking to recover for damage to their dwelling houses which they allege resulted from concussions and vibrations from defendant’s blasting operations in connection with the construction of the Kanawha County Airport, near Charleston, West Virginia. No allegation of negligence appears in the complaints. Defendant moves to dismiss the complaints on the ground that they do not state a cause of action.

The motion presents the question: Is a person who intentionally sets off a dynamite blast…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
  3. Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
  4. Wilson v. Phoenix Powder Manf'g Co.West Virginia Supreme Court · 1895
  5. Wigal v. City of ParkersburgWest Virginia Supreme Court · 1914

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3Cited by8 opinions

  1. Pope v. Edward M. Rude Carrier Corp.West Virginia Supreme Court · 1953
  2. Bedell Et Ux. v. GoulterOregon Supreme Court · 1953
  3. Enos Coal Mining Co. v. SCHUCHARTIndiana Supreme Court · 1963
  4. Yukon Equipment, Inc. v. Fireman's Fund Insurance Co.Alaska Supreme Court · 1978
  5. Parcell v. United StatesDistrict Court, S.D. West Virginia · 1951

3 more not listed; retrieve them via the Exa API.

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