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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.