Twohy Bros. v. Kepon

This action was brought to recover damages for personal injuries sustained by the plaintiff on the twenty-fourth day of December, 1918, he having been struck by a stone that came from a blast set off by the defendant. The gravamen of the complaint was negligence, and the breach of duty alleged against the defendant was its failure to give plaintiff any notice or warning of the blast. The charge is couched in the following language:

“The defendant, without any notice or warning to the plaintiff, caused or permitted a high charge of said gunpowder, dynamite, blasting powder, or other high…