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Spano v. Perini Corp.

Court of Appeals of New York

250 N.E.2d 31 (1969)

Relevant factsFree

Perini (defendant) used dynamite blasting to construct an underground tunnel for New York City, damaging Spano's (plaintiff) garage and Davis's (plaintiff) car inside it; no evidence at trial showed Perini was negligent, yet the trial court awarded damages on a strict-liability theory, which the Appellate Term and Appellate Division reversed.

IssueFree

Whether strict or absolute liability may be imposed for damage resulting from ultrahazardous or abnormally dangerous activities such as blasting that are performed without negligence.

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