260 Pa. 563 | Pa. | 1918
Opinion by
This is an appeal from a judgment entered upon a verdict for damages to the plaintiff resulting* from the negligence of the defendant in conducting blasting operations in or near a residence district. In the statement of claim it is averred that, on September 22, 1915, defendant was the owner and operator of a quarry situated at Dexter street and Schur’s lane, Manayunk, Philadelphia ; that on the same date plaintiff was sitting at the window of her house, which is about one and a half squares away from where defendant was operating his quarry, and that, while she was thus seated at the window, a large stone or rock, blown from defendant’s premises, crashed through the window and severely and permanently injured her. The specific negligence averred against defendant was the use of an overcharge of powder, and failure to use reasonable precautions to safeguard the vicinity from flying pieces of rocks. It is contended upon the part of appellant that the evidence as to such negligence as was set forth in the statement, was not sufficient to justify its submission to the jury. It appears from the record, however, that there was testimony tending to show that the blast was so violent that a witness, distant some fifty yards from the point of the explosion, was thrown off his feet by the shock, and another witness, half a square away, was almost thrown from the roof of his house where he was working; also that a shower of stones and dirt fell on the houses and in the streets, over an area extending a short square and a half from the quarry. If this evidence was credited, it was sufficient to justify an inference by the jury that the blast was the result of an overcharge, and to warrant a finding of negligence upon that ground. Defendant evidently anticipated the possibility of danger from the blast, for the witness, Prince, who was in charge of the work, and who set off the blast, testified that he sent out Avorkmen with red flags to warn people to keep off the streets in the vicinity until the ex
In the case at bar the transaction in which the accident occurred was in the exclusive management of defendant, all the elements of the occurrence were within his control, the result was so far out of the usual course that no fair inference that it could have been produced by any other cause than negligence, and no other cause is apparent to which the injury may with equal fairness be attributed. The case seems, therefore, to fall directly within the rule as stated.
In the case last cited, Mr. Justice Mitchell also said (p. 353) : “The accurate statement of the law is, not that negligence is presumed, but that the circumstances
Another element, which appears upon the surface of the case, arises out of the duty which rests upon one, conducting blasting operations upon his own property, to do so in such a manner as not to injure others, in person or property. If he inflicts such injury, it is a trespass for which he may be held responsible even if not shown to be negligent. This principle was illustrated in Mulchanock v. Whitehall Cement Mfg. Co., 253 Pa. 262, where we said (p. 264) : “It is clear that the evidence here disclosed a case of aggravated wrong to the rights and property of the plaintiff. If the defendant so conducted its work of blasting upon its premises, as to cause damages to the adjoining property by casting rocks thereon, this amounted to a direct trespass on the premises injured, for which the liability of defendant was absolute, and for which it is bound to respond in damages without regard to the question of negligence.” A statement of the same principle as reflected in the textbooks, appears in 11 Ruling Case Law (1916), sec. 673, where it is said: “The decided weight of authority supports the view that where one explodes blasts on his own land and thereby throws rock, earth or debris on the premises of his neighbor, he commits a trespass and is answerable for the damage caused, irrespective of whether the blasting is negligently done. This rule is not restricted to liability for injury to the land or improvements of an ad
We find no merit in the first and second assignments of error in which complaint is made of the refusal of requests for binding instructions. The requests were properly declined by the trial judge. The fourth, fifth, and sixth assignments of error are in violation of the rules, in that they do not quote the specific action of the court, to which objection was taken. They are, however, without merit.
The assignments are all dismissed, and the judgment is affirmed..