Arthur Misch Et Al v. C.B. Contracting

This is a suit for damages to plaintiff's property due to use of explosives in laying a city sewer line. The jury blasted defendant with a five-thousand-dollar verdict. It appeals. According to plaintiff's version of the facts (which we must accept in the most favorable light), the blasting commenced on August 14, 1962, and continued into the fall, at least through September. Since the frequency and intensity of the explosions, and the distance from the premises, is not involved on this appeal, we will not go into it. However, a brief description of the property is necessary to an understanding of the first issue. It consisted of a home, six ""tourist cabins,"" concrete walks and patios, driveways, and a filling station of concrete block construction. The home and cabins were of sandstone veneer. Foundations were concrete, twelve inches thick, set three to four feet deep, reaching to ""solid clay."" Frames were cured pine. On the outside of the frame were driven many roofing nails; wire was attached, sandstone was set on the outside, and mortar was poured in the space between. ""It sticks to the rock."" Plaintiff's evidence was that the whole of the property was in good condition prior to the blasting, but that due to such blasting windows, foundations, concrete blocks (in the filling station), and many of the sandstones, were cracked, that the mortar at the seams was caused to ""turn around and fall out,"" and that many of the sandstones were loosened and would, in time, fall out.