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Sullivan v. Dunham
New York Court of Appeals
55 N.E. 923 (1900)
- Written by Mary Pfotenhauer, JD
Facts
Carroll Dunham (defendant) hired two men to clear a tree on his property using dynamite. As a result of the blast, debris fell on a public highway, striking and killing Annie Harten. Mary Sullivan (plaintiff), as the administratrix of Harten’s estate, sued Dunham and the two men. The trial court instructed the jury that Sullivan did not need to prove negligence to establish liability. A verdict was entered for Sullivan, and the appellate division affirmed. Dunham appealed to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Vann, J.)
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