Wallace v. A. H. Guion & Co.

Stukes, Chief Justice.

The question to be decided in this appeal is, as agreed upon by the litigants: Is it necessary for the plaintiff to allege negligence, operating as a proximate cause of his damage, in an action brought against a contractor, who was laying a sewer line on adjoining property, for damage to improvements on the plaintiff’s real estate allegedly caused by concussion and vibration from dynamite or other explosives used by said contractor?

It is alleged in the complaint that defendant was engaged in excavating a large ditch in the City of Spartanburg in which to lay a sewer on…