New York Court of Appeals

Mary Sullivan, as Administratrix of Annie E. Harten, Deceased, Respondent v. Carroll Dunham, Theodore H. Dinkel and…

January 9, 1900161 N.Y. 290

Summary

The Court of Appeals affirmed the lower courts' judgments, holding that a landowner who lawfully blasts on his own property and causes a piece of wood to strike a person traveling on a public highway is liable as a trespasser, and negligence need not be proved.