Turley v. O'Donnell

Citations

• 48 Pa. Super. 52
• 1911 Pa. Super. LEXIS 336

Syllabus

<p>Negligence — Blasting—Engineer of the United States — Evidence.</p> <p>In an action by a woman against an engineer in the employ of the United States government to recover damages for personal injuries a verdict for plaintiff cannot be sustained, where it appears that the plaintiff was injured by being struck by a stone weighing about five pounds which fell upon her porch after the discharge of a blast about 150 feet from her house; that the defendant was overseer of the blasting work for the government, and had acted in regard to the blasting in strict accordance with the instructions of his superior officer; that the defendant at the time the shot was fired was at least half a mile away from the blast which was in charge of two experienced men; and that blasting had been going on at the point in question for three or four weeks without anything but very small stones having been thrown near the plaintiff’s house.</p>