Exner v. Sherman Power Construction Company
United States Court of Appeals for the Second Circuit
54 F.2d 510 (1931)
Sherman Power Construction Company (defendant) stored over 1,000 pounds of dynamite in a hut near an inhabited part of a neighboring town containing houses, factories, and businesses, for use in a hydroelectric project; a state statute required explosives to be kept at least 50 rods from any inhabited building, though many dwellings actually sat within that radius. The hut exploded one afternoon, killing three of Sherman's workers and injuring Delia Exner (plaintiff), who was thrown from her bed 935 feet away in a building she and her husband Frederick (plaintiff) rented rooms in and operated a restaurant from; the blast also seriously damaged that dwelling. At trial, Sherman's president testified there was no other reasonably compliant place to store the dynamite and that the state fire marshal had approved the hut's location. The trial court found for the Exners, and Sherman appealed.
Whether a party who stores and uses dynamite -- an inherently dangerous explosive -- is strictly liable for injuries to third persons and damage to their property caused by an explosion, regardless of the party's fault or compliance with applicable safety regulations.