Heimer v. Johnson, Drake & Piper

This action was brought to recover for blasting damage, in which the jury, in response to questions propounded to it pursuant to CPLB 4111 (subd. [b]), found that the damage was causally related to vibrations from blasting, but that the defendants’ blasting operations were performed without negligence. The plaintiffs claim that decisional law in New York has steadily advanced and finally caught up with the almost universal rule imposing absolute liability for damages caused by blasting whether it be through vibration or by trespass.

This State has, of course, followed the rule in the Federal…