Ledbetter-Johnson Company v. Hawkins

MERRILL, Justice.

This case was originally assigned to a former member of this court and was reassigned to the writer on March 26, 1958.

Plaintiff Hawkins, appellee here, recovered a judgment against appellant for damages to his dwelling resulting from blasting-operations in a chert pit near his home, which were conducted by appellant or its subcontractor in connection with its contract with the City of Fort Payne to- grade, chert and pave certain streets. After a motion for a new trial was overruled, this appeal was taken.

The trial court submitted the case to the jury on two negligence counts.…