SCOTT v. CENTRAL COMMERCIAL COMPANY

No. 50, Docket 25653.

272 F.2d 781 (1959)

Harland SCOTT and Ella Scott, Appellants, v. CENTRAL COMMERCIAL COMPANY, Appellees.

United States Court of Appeals Second Circuit.

Decided December 9, 1959.


Attorney(s) appearing for the Case

John J. Heckman, Granville, N. Y., George W. Harrington, Associate Counsel, Castleton, Vt., for appellants.

J. Malcolm Williams, Poultney, Vt., Williams & Sullivan, Richard F. Sullivan, Rutland, Vt., of counsel, for appellee.

Before LUMBARD, Chief Judge, and HAND and SWAN, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from a judgment of the District Court for the District of Vermont, Gibson, J., presiding, dismissing the complaint upon the verdict of a jury in an action to recover damages to the plaintiffs' real property, caused by the defendant's blasting on its quarries, which lay at some distance from plaintiffs' land. The complaint alleged that the blasting had been done negligently, and Judge Gibson charged the jury that the defendant...

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