Atlas Powder Co. v. Benson

WOOLLEY, Circuit Judge.

An explosion occurred in the plant of the Atlas Powder Company at a place where nitroglycerine and an absorbent material were, being mixed as the final operation in the manufacture of dynamite. A building belonging to Bernard Benson, situate about five-eighths of a mile away, was damaged. Benson brought this suit in a state court — later removed to the District Court — charging the Atlas Powder Company by one count of the complaint with negligence in the operation of its plant and by another count with maintaining a nuisance. On issues raised by a general traverse the…