HANDY v. ANDERSON EXPLOSIVES, INC.


1985 Mass. App. Div. 195 (1985)

Ernest J. Handy and another vs. Anderson Explosives, Inc.

Massachusetts Appellate Division, Southern District.

October 1, 1985.


Attorney(s) appearing for the Case

Bernard R. Silva for the plaintiffs.

Patricia M. Beu for the defendant.

Present: Welsh, P.J., Silva & Shubow, JJ.


Shubow, J.

In this action for property damage allegedly sustained by the plaintiff homeowners from blasting operations of the defendant, the trial judge's ultimate conclusion was expressed as follows: "The Court finds the only way it (sic) could cause such damage at such distance would be negligent blasting by the defendant." The quoted language is tantamount to an erroneous ruling that the principle of res ipsa loquitur may be relied on in this case to overcome the...

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