Majority
p. 198Joseph Wiener, Resp’t, v. Dietrich Hammell et al., App’lts. (City Court of New York, General Term, Filed May 8, 1891.)
Headnote
1. Negligence—Damages—Blasting bock in New Yobk city.Blasting rock in the city of New York is necessary, and, as a consequence, legal, and no recovery can be had for damages for injuries caused, except on proof of negligence.
2. Same—Owneb not liable eob contbactob’s negligence.
When the owner of property employs a competent contractor to do blasting and does not direct it himself, he is not liable to a person injured by the negligence of the contractor.
Appeal from judgment entered on verdict in favor of the plaintiff.
George C. Lay and W. G. Chittick, Jr., for app’lts ; J. H. Rogan, for resp’t.
—Blasting rock in the city of Hew York is necessary, and, as a consequence, legal, and no recovery can be had for damages caused by blasting except on proof of negligence. The trial judge refused to charge this proposition. The owner of property, who employs a competent contractor to do the work and does not direct it himself, is not liable to a person injured by the negligence of the contractor. The trial judge refused to charge this proposition. These two errors require that the judgment be reversed and a new trial ordered, with costs to the appellant to abide the event.
Fitzsimons and McCarthy, JJ., concur.