Fitz Simons & Connell Co. v. Braun & Fitts
Appellate Court of Illinois
Trespass on the Case, for injuries resulting from the use of dangerous explosives. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in this court at the October term, 1900. This suit was brought by appellee to recover for damages to a brick building caused, as is alleged, by underground blasting done by appellant in the constructing of a tunnel, under contract with the city of Chicago.
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Trespass on the Case, for injuries resulting from the use of dangerous explosives. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in this court at the October term, 1900. This suit was brought by appellee to recover for damages to a brick building caused, as is alleged, by underground blasting done by appellant in the constructing of a tunnel, under contract with the city of Chicago. The suit was begun against both appellant and the city, but was discontinned as to the latter. By the terms of the contract between appellant and the city the use…
1Opinion of the CourtJustice Sears
The- chief and controlling question presented upon this appeal is as to the extent of the liability of a contractor who, by use of dangerous explosives, causes injury to property of another. If, when the use is lawful, even though naturally dangerous in probable consequences, no liability can be predicated save upon a negligent manner of use, then this cause was submitted to the jury upon an erroneous theory of law. If, however, the contractor, who makes use of a dangerous explosive in the ground near the property of another, and when a natural and probable, though not inevitable, result of…
2Cases cited14 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Colton v. OnderdonkCalifornia Supreme Court · 1886
- Benner v. Atlantic Dredging Co.New York Court of Appeals · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Opal v. Material Service Corp.Appellate Court of Illinois · 1956
- Baker v. S. A. Healy Co.Appellate Court of Illinois · 1939
- Hickey v. McCabe BihlerSupreme Court of Rhode Island · 1910
- City of Globe v. RabogliattiArizona Supreme Court · 1922
- Gerrard v. PorchedduAppellate Court of Illinois · 1927
3 more not listed; retrieve them via the Exa API.