Mulchanock v. Whitehall Cement Manufacturing Co.

Citations

• 253 Pa. 262
• 98 A. 554
• 1916 Pa. LEXIS 819

Syllabus

<p>Beal property — Trespass—*Quarries—Blasting—Direct trespass— Liability of defendant.</p> <p>1. An injury is considered as immediate, when the act complained of itself, and not merely a consequence of that act, .occasions the injury.</p> <p>2. Where the owner of a quarry so conducted its blasting operations as to cause damage to an adjoining property by casting rocks and stones against the dwelling thereon erected, this amounted to a direct trespass upon the premises injured, for which the liability of the owner of the quarry was absolute, although the work was conducted without negligence; and in an action for the injuries so sustained the entry of a compulsory nonsuit was error.</p>