The HITCHCOCK CORPORATION v. Stoner

Nichols, Judge.

1. In Brooks v. Ready Mix Concrete Co., 94 Ga. App. 791 (96 S. E. 2d 213), Judge Felton discussed in a very thorough opinion the absolute liability of one who voluntarily sets in force the motion of an explosion which creates a concussion that causes damages to real property. The liability in such circumstances is absolute and need not again be discussed here.

The defendant contends, in support of its general demurrer, that the instant case is distinguishable from the Brooks case, supra, because here the plaintiffs failed to allege that such explosion was voluntarily set in…