Spano v. Perini Corp., Ct. Of App. Of N.Y.,

25 N.Y.2d 11 (1969)

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Nature of the Case

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Facts

Spano's (P) garage and Davis' (P) car which was in the garage, were both wrecked by shock waves from a dynamite blast set off by Perini Corp. (D) on its nearby property on 11/27/1962. D set off 194 sticks of dynamite about 100 feet from P’s garage. There was no physical trespass, and no proof of negligence on the part of D. Prior law under Booth v. Rome required that negligence must be shown unless the blast was accompanied by a physical invasion of the property. No attempt at trial was made to show that the defendants had failed to take reasonable care. There were two suits, and they were consolidated, and judgment was for both plaintiffs. D appealed. The judgments were reversed by the Appellate Term, and the Appellate Division affirmed that order but granted leave to appeal to the Court of Appeals. P appealed.