G., B. & L. R'y Co. v. Eagles
Supreme Court of Colorado
Appeal from County Court of Clear Creek County. The appellant company, having procured the right of • way for its railroad through Georgetown, proceeded to excavate for its road-bed. In so doing, the removal of rock by blasting became necessary. While its employees were thus engaged, large pieces of rock and other debris were hurled into the air, falling at considerable distances, and upon the premises of private parties, including plaintiff, living in the vicinity.
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Appeal from County Court of Clear Creek County. The appellant company, having procured the right of • way for its railroad through Georgetown, proceeded to excavate for its road-bed. In so doing, the removal of rock by blasting became necessary. While its employees were thus engaged, large pieces of rock and other debris were hurled into the air, falling at considerable distances, and upon the premises of private parties, including plaintiff, living in the vicinity. Pieces of the rock thus thrown fell upon the roofs of two of plaintiff’s buildings, badly breaking them, and doing considerable…
1Opinion of the CourtHelm, J.
It is conceded that the defendant company was in possession of the. right of way lawfully, and that it was engaged in the prosecution of a lawful enterprise. It is further conceded that there was no actual intention to injure plaintiff. No direct evidence was offered to show negligence or carelessness in the blasting. And unless the fact of the missiles falling upon plaintiff’s premises, and the consequent danger and damage, be regarded as proof of negligence, or create a presumption of negligence, we must assume that defendants proceeded with ordinary care and caution.
The principal question…
2Cases cited11 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Cahill v. EastmanSupreme Court of Minnesota · 1872
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
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3Cited by16 opinions
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
- Scott Construction Co. v. CobbIndiana Court of Appeals · 1928
- Hickey v. McCabe BihlerSupreme Court of Rhode Island · 1910
- Mosier v. Oregon Navigation Co.Oregon Supreme Court · 1901
- Carbo v. StateCourt of Appeals of Georgia · 1908
11 more not listed; retrieve them via the Exa API.