A.B.C. Construction Co. of Oklahoma v. Thomas

1 Plaintiffs commenced this action to recover damages to a building allegedly caused by dynamite blasting done by defendant. Plaintiffs alleged they owned a cement block building in Vinita, Oklahoma, and prior to the times complained of, the building was in excellent condition and was inspected, kept and maintained by skilled workmen. That defendant had contracted with the City of Vinita to construct a sanitary sewer line for said city which line was to run in close proximity to the property of the plaintiffs. That defendant was to furnish all the material and labor and in digging the ditch in which the sewer line was to be laid, it used dynamite in blasting the rock formation below the surface. That on or about December 4, 1956, defendant set off a violent blast of dynamite of such size and concentration that it caused vibrations of the earth and concussions in the air to an extent that it permanently damaged the concrete building owned by the plaintiffs. Defendant filed a general denial.