(Download) "Ann Spano v. Perini Corporation Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Ann Spano v. Perini Corporation Et Al.
- Author : Court of Appeals of New York
- Release Date : January 05, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[25 N.Y.2d 11 Page 13] The principal question posed on this appeal is whether a person who has sustained property damage caused by blasting on
nearby property can maintain an action for damages without a showing that the blaster was negligent. Since 1893, when this
court decided the case of Booth v. Rome, W. & O. T. R. R. Co. (140 N. Y. 267), it has been the law of this State that
proof of negligence was required unless the blast was accompanied by an actual physical invasion of the damaged property --
for example, by rocks or other material being cast upon the premises. We are now asked to reconsider that rule.