Dean Thompson v. Green Mountain Power Corp

The defendant, Green Mountain Power Corporation, appeals a judgment which has imposed liability for the negligent use of explosives. The defendant assigns error to the failure of the trial court to grant its motions for a directed verdict and to set the verdict aside. The defedant’s brief confines both motions to the same questions of law.

The defendant exploded dynamite on property adjacent to the plaintiff’s home premises where he maintained a flock of three hundred laying hens. Hens are physically vulnerable to damage by fright from sudden and excessive noise. As a result of the noise…