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FOSTER v. PRESTON MILL CO.

No. 32630.

44 Wn.2d 440 (1954)

268 P.2d 645

B.W. FOSTER, Respondent, v. PRESTON MILL COMPANY, Appellant.

The Supreme Court of Washington, Department One.

March 19, 1954.

Attorney(s) appearing for the Case

Kahin, Carmody & Horswill and Pinckney M. Rohrback, for appellant.

John B. Speer, for respondent.

HAMLEY, J.

Blasting operations conducted by Preston Mill Company frightened mother mink owned by B.W. Foster, and caused the mink to kill their kittens. Foster brought this action against the company to recover damages. His second amended complaint, upon which the case was tried, sets forth a cause of action on the theory of absolute liability, and, in the alternative, a cause of action on the theory of nuisance.

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