New York Court of Appeals

Sophia Booth v. the Rome, Watertown and Ogdensburg Terminal Railroad Company

December 5, 1893140 N.Y. 267

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that a railroad corporation is not immune from liability for damage caused by blasting on its own land and that liability requires a showing of negligence. The court affirmed that the use of explosives, when the only practicable method and performed with due care, does not constitute a private nuisance.