Judson v. Giant Powder Co.
California Supreme Court
40 P. 1020 (Cal. 1895)
Giant Powder Co. (defendant) manufactured dynamite at its powder factory. An explosion at the factory resulted in the destruction of Judson’s (plaintiff) factory, which was next door. It is uncontested that the initial explosion caused the destruction of Judson’s factory. At trial there was no direct testimony as to the cause of the initial explosion because all of the Giant Powder employees working that day had died in the explosion. An expert testified that in the ordinary course of events, the explosion would not have occurred. The trial court ruled in favor of Judson. The judge denied Giant Powder’s motion for new trial. Giant Powder appealed.
Rule of Law
Holding and Reasoning (Garoutte, J.)
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