Louden v. City Of Cincinnati

• Decision Date: 17 March 1914
• Docket Number: 13944
• Citation: 90 Ohio St. 144,106 N.E. 970
• Parties: Louden v. The City Of Cincinnati Et Al.
• Court: Ohio Supreme Court

106 N.E. 970

90 Ohio St. 144

Louden v. The City Of Cincinnati Et Al.

13944

Supreme Court of Ohio

March 17, 1914

Damages - Injuries to property - User of high-power explosives liable, when - Petition for damages caused by blasting - States cause of action, when.

1. The use of high-power explosives in making excavations of rock and earth is a lawful method of accomplishing that purpose but where dirt and stone are thrown by the force of the blast upon the property of another, or where the work of blasting is done in such proximity to adjoining property that regardless of the care used the natural, necessary or probable result of the force of the explosion will be to break the surface of the ground, destroy the buildings, and produce a concussion of the atmosphere, the force of which will invade the adjoining premises, injuring the buildings thereon and making them unfit and unsafe for habitation, the person or corporation making use of such explosives will be liable for the damage proximately and naturally resulting therefrom, irrespective of the question of negligence or want of skill in the blasting operations.

2. A petition averring that defendants in the use of high explosives broke into plaintiff's land and dwelling house with force and violence by means of explosions of great power and frequency in the street adjacent to and in close proximity to plaintiff's dwelling house, and thereby produced concussions and vibrations of the earth and air, causing foundations, walls, chimney, ceiling, cistern and vault and window glass of plaintiff's house to break and fall, rendering such house unsafe for habitation and untenantable, states a cause of action.

The plaintiff filed an amended petition in the common pleas court of Hamilton county which amended petition reads as follows:

"Now comes Nancy Louden the plaintiff herein and by leave Of court files this her amended petition herein, and says that the defendant, the city of Cincinnati, is a municipal corporation under the laws Of the State of Ohio; that the defendant, the Board of Trustees, 'Commissioners of Water Works,' Cincinnati, Ohio, is a legally constituted board appointed and qualified under and in pursuance of the laws of the State Of Ohio, for the construction, - enlargement, extension and improvement and addition to the Water Works of the City of Cincinnati; that the defendant The W. J. Gawne Company is a corporation under the laws of the State of Delaware.

"And plaintiff says that during all the times hereinafter mentioned this plaintiff was and has been ever since and still is the owner in fee simple and in possession of Lot No - in S.W. Hartshorn's Subdivision, with a dwelling house thereon known and numbered as No. 3521 Humbert Avenue in the City of Cincinnati.

"That at the time of the doing of the wrongs hereinafter stated said dwelling house was a frame and plastered building with stone and brick foundation and stone and brick chimneys, all occupied by plaintiff as her home and dwelling house.

"That said defendant The City of Cincinnati, through its said Board of Trustees, 'Commissioners of Water Works,' Cincinnati, Ohio, defendant contracted with and employed the defendant The W. J. Gawne Company to excavate and to construct for said city a tunnel for supplying water to said city.

"That said defendants made the excavation for and construction of said tunnel along, through and under the ground adjacent to the said dwelling house of the plaintiff.

"That in the process of so doing, said defendants loosened and removed the earth and rock by means of blasts Of high power explosives.

"And that in so doing, the said defendants trespassed upon and under and broke into the plaintiff's said land and dwelling house with force and violence by means Of said explosions of great power and frequency, and in close proximity to plaintiff's said dwelling house.

"And that the defendants thereby produced concussions and vibrations of the earth and air and of the material of this plaintiff's said dwelling house.

"And the defendants thereby caused the foundations, walls chimneys, ceilings, cistern, vault and window glass of plaintiff's said house to crack and break and fall and rendered said house unsafe for habitation and untenantable, and deprived plaintiff of he use of said house.

"And that said defendants by said explosions continued through day and night caused terrifying and disturbing noises and vibrations of the ground and air and dwelling house of this plaintiff, and deprived plaintiff and her family of sleep and rest and of the enjoyment of her home and property and thereby caused her great inconvenience, discomfort suffering, injury, damage and loss.

"That the excavation for and construction of said tunnel was entirely within and under the management and control of the defendants, and said plaintiff had nothing to do with it except to endure the injuries, suffering, losses and damages herein complained of.

"That by reason of the above described acts of the defendants, the plaintiff has been damaged by the said defendants in the sum of One Thousand Dollars ($1000).

"Wherefore the...