Sullivan v. Dunham

161 N.Y. 290, 55 N.E. 923 (1900)

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Nature of the Case

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Facts

Dunham (D) employed some men to dynamite a sixty-foot tree that was on his land. The blast hurled a fragment of wood 412 feet onto a highway where it struck a woman and killed her. P sued D and the blasters. The trial judge charged that negligence need not be proven to establish liability. The trial court found for P, which was affirmed at the appellate division. D appealed.