Charles Benner, Respondent v. the Atlantic Dredging Company, Appellant

Summary

The New York Court of Appeals reversed the lower court and ordered a new trial, holding that the Atlantic Dredging Company was authorized by the United States to conduct the Hell Gate blasting and therefore could not be held liable for damages absent negligence, and that the plaintiff could not raise the issue of governmental authority on appeal. The court also concluded that the injury to the plaintiff's house was a consequential damage, not a taking requiring compensation.