WALCZESKY v. HORVITZ CO.

No. 70-219.

26 Ohio St. 2d 146 (1971)

WALCZESKY, APPELLEE, v. THE HORVITZ CO., APPELLANT.

Supreme Court of Ohio.

Decided May 19, 1971.


Attorney(s) appearing for the Case

Messrs. Kilbane, McDonnell & Sweeney and Mr. Michael A. Sweeney, for appellee.

Messrs. Arter & Madden and Mr. Edward C. Baran, for appellant.


CORRIGAN, J.

In this appeal, defendant raises five propositions of law in support of its position that the judgment should be reversed.

Defendant's first contention is that "in the absence of a showing of negligence on his part, a contractor who * * * employs the use of explosives, does not expose himself to liability without fault * * *."

It is defendant's position that plaintiff did not prove negligence on the part of defendant in its blasting operations...

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