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.
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