Sullivan v. Dunham
Court of Appeals of New York
55 N.E. 923 (1900)
Relevant factsFree
Dunham (defendant) hired two men to clear a tree from his property using dynamite, and the resulting blast sent debris onto a public highway, striking and killing Sullivan. Her estate (plaintiff) sued Dunham and the two workers, and the trial court instructed the jury that it did not need to find negligence to hold Dunham liable; the jury found for Sullivan, the appellate division affirmed, and Dunham appealed.
IssueFree
Whether a defendant who creates an explosion on his own property is absolutely liable for injuries to a person on a public highway caused by resulting debris, regardless of whether the defendant was negligent.