Perini Corp. (Perini) (defendant) was employed by the City of New York to construct an underground tunnel by blasting out the rock with dynamite. Spano (plaintiff) owned a garage in Brooklyn, New York which was damaged by one of Perini’s blasts on November 27, 1962. The garage contained an automobile owned by Davis (plaintiff) which was also damaged in the blast. Spano and Davis brought suit against Perini. At trial, no evidence was introduced showing that Perini was negligent in its blasting. The trial court held Perini could be absolutely liable without negligence, and awarded Spano $4,400 and Davis $329 in damages. Perini appealed, and the Appellate Term reversed. The Appellate Division affirmed, and Spano and Davis appealed.