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V.N. GREEN & COMPANY v. THOMAS

140 S.E.2d 635 (1965)

205 Va. 903

V. N. GREEN & COMPANY, Inc. v. Douglas M. THOMAS et al.

Supreme Court of Appeals of Virginia.

March 8, 1965.

Attorney(s) appearing for the Case

George P. Young, Wytheville (Campbell & Campbell, Wytheville, on brief), for plaintiff in error.

No brief filed or argument on behalf of defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.

I'ANSON, Justice.

Plaintiffs, Douglas M. Thomas and Laire T. Thomas, filed a motion for judgment to recover damages to a dwelling owned by them as a result of vibrations and concussions set in motion by blasting operations of the defendant, V. N. Green & Company, Inc., while it was engaged in the construction of a public highway.

The motion for judgment was based on the theory of "liability without fault," and did not contain any allegations of negligence...

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