Whitla v. Ippolito

The opinion of the court was delivered by

Minturn, J.

The defendant having obtained a contract from the city of East Orange for the construction of a sewer along Park avenue, immediately fronting the plaintiff’s four-story apartment house, proceeded to excavate by blasting his way with dynamite through a formation of sandstone rock. For three months the blasting continued at daily intervals, and at the end of that period the plaintiff’s house, with its thirty-two apartments for the occupation of tenants, was eoncededly severely shattered and damaged.

In many instances, as the result of the modus…