People’s Gas Co. v. Tyner
Indiana Supreme Court
31 N.E. 59 (Ind. 1892)
Tyner (plaintiff) owned and lived on a tract of land near the middle of the City of Greenfield. People’s Gas Co. (People’s Gas) (defendant) dug a natural gas well in the city about 200 feet from Tyner’s house. People’s Gas purchased and brought into the city a large amount of nitroglycerin that it planned to explode in the well to improve permeability. The transporting of this nitroglycerine was banned by statute. Tyner filed for a temporary injunction in circuit court, seeking to enjoin People’s Gas from exploding the nitroglycerin. Tyner argued that nitroglycerin is subject to explode at any time and that the amount of nitroglycerin People’s Gas brought onto the land “could and probably would destroy life and property for a distance of 500 yards in all directions from such explosion.” At this distance, such an explosion would include Tyner’s house in the blast radius. The circuit court granted Tyner a temporary injunction. People’s Gas appealed.
Rule of Law
Holding and Reasoning (Coffey, J.)
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