Dempster Construction Co. v. Tackett

Opinion of the Court by

Turner, Commissioner—

Reversing.

_ The appellee, as plaintiff, filed her action in damages against' appellant, alleging, in substance, that she lived on the road between Paintsville', Ky., and Salyersville, ICy., and that her home was only a short distance from that road, and that on the 10th of August, 1923, while the •defendant was engaged in grading and constructing that road near to her house .it negligently and carelessly caused to bef exploded near plaintiff’s house a large quantity of dynamite, powder or other explosives without warning to the plaintiff, whereby…