Rafferty v. Davis

Citations

• 260 Pa. 563
• 103 A. 951
• 1918 Pa. LEXIS 568

Syllabus

<p>Negligence — Trespass—Quarry-blasting operations — Dynamite— Degree of care — Casting stones on private property — Injury to persons— Plaintiff’s statement — Allegata et probata — Bes ipsa loquitur.</p> <p>1. The general rule in eases of explosion of dynamite, where a third party, having no relation to the person having it in possession, is injured, is that the highest degree of care must be exercised.</p> <p>2. It is the duty of one conducting blasting operations upon his own property to do so in such a manner as not to injure others, in person or property. If he inflicts such injury, it is a trespass for which he may be held responsible even if not shown to be negligent. This rule is not restricted to liability for injury to the land or improvements of an adjoining owner. As the safety of persons is more sacred than the safety of property, the liability extends to personal injuries inflicted on such adjoining owner, or on any one who is lawfully on his premises.</p> <p>3. The case was for the jury in an action to recover damages for personal injuries brought against thé owner of a quarry who was conducting blasting operations thereon, and a verdict and judgment for plaintiff will be sustained where it appeared that there had been an intentional explosion of dynamite in defendant’s quarry so violent that a witness 50 yards from the point of the explosion was thrown off his feet by the shock; that another witness was almost thrown from the roof of his house where he was working; and that a shower of stones and dirt fell on the houses and in the streets, over an area extending a short square and a half from the quarry; that, while plaintiff was sitting at a window, about a square and a half from the quarry, a rock blown from defendant’s premises crashed through the window and severely injured her; and where it further appeared that defendant anticipated danger from the blast and warned people to keep off the streets in the vicinity until the explosion was over.</p