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Sullivan v. Dunham

Court of Appeals of New York
55 N.E. 923 (1900)

Facts

Dunham (defendant) hired two men to clear a tree on his property with dynamite. As a result of the blast, debris fell on a public highway, striking and killing Sullivan. Her estate (plaintiff) sued Dunham and the two men. The trial court instructed the jury that it did not need to find negligence to establish liability. A verdict was entered for Sullivan, and the appellate division affirmed. Dunham appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Vann, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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