Amsterdam v. E. I. Dupont de Nemours Powder Co.

Citations

• 62 Pa. Super. 314
• 1916 Pa. Super. LEXIS 415

Syllabus

<p>Negligence — Dynamite manufactory — Explosion — Injuries to house — Bes ipsa loquitur — Nuisance.</p> <p>In an action against the owner of a dynamite manufactory to recover damages for injuries to a house caused by concussion of the air, from an explosion at the defendant’s plant, situated about two miles from the house with a broad river intervening, no recovery can be had if the plaintiff offers no evidence that the explosion was caused by the defendant’s negligence. In such a case the maxim res ipsa loquitur has no application.</p> <p>The manufacturing or keeping of dynamite in reasonable quantities in a plant established for the purpose of manufacturing 'dynamite does not constitute a nuisance per se. The question whether it is a nuisance depends on the locality, the quantity, the nature of the explosive, the manner of keeping it and the surrounding circumstances. These matters are for the consideration of the jury; and this is especially so in a case where a house two miles from a dynamite plant was injured by an explosion, although houses nearer to the plant were not injured and the house damaged was situated in a neighboring state across a wide river, while the plant occupied a small part of a large tract of land, and the house was built long after the establishment of the plant.</p> <p>The difference between a nuisance per se and where a lawful business is carried on so as to become a nuisance, is not the remedy but only the proof of it. In the one case the wrong is established by proof of the mere act, and in the other, by proof of the act and its consequences.</p> <p>Evidence — Gross-examination — Superintendent of manufacturing plant.</p> <p>In an action against a corporation it is not error to refuse to permit a superintendent of one of the plants of the defendant company to be called as for cross-examination, where there is nothing in the ease to show that the witness was a director or officer of the company.</p>