VALLEY STONE COMPANY v. BINION


422 S.W.2d 889 (1967)

VALLEY STONE COMPANY, Inc., Appellant, v. Woodrow BINION and Eva Binion, his wife, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 9, 1968.


Attorney(s) appearing for the Case

O. F. Duval, Olive Hill, Ralph N. Walter, West Liberty, for appellant.

John A. Keck, Grayson, W. H. Counts, Olive Hill, for appellees.


CLAY, Commissioner.

Appellees recovered a judgment of $5,000 against appellant for damages allegedly caused two buildings on their property by the blasting operations of appellant.

Appellant's principal contention on appeal is that it was entitled to a directed verdict because appellees failed to prove negligence and causation. Since injury caused by blasting operations is in the nature of a trespass or a nuisance, negligence need not be pleaded or proved...

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