Spano v. Perini Corp.
Court of Appeals of New York
25 N.Y.2d 11 (1969)
- Written by Megan Petersen, JD
Facts
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.
Rule of Law
Issue
Holding and Reasoning (Fuld, C.J.)
What to do next…
Here's why 812,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
