SULLIVAN V. DUNHAM
161 N.Y. 290, 55 N.E. 923 (1900)
NATURE OF THE CASE: This is an appeal from a strict liability charge. Dunham (D), a
property owner and two contractors, sought review of a judgment, which affirmed a trial
court judgment in favor of Sullivan (P), administratrix of decedent's estate, in a suit for
wrongful death.
FACTS: Dunham (D) employed some men to dynamite a sixty-foot tree that was on his land.
The blast hurled a fragment of wood 412 feet onto a highway where it struck a woman and
killed her. P sued D and the blasters. The trial judge charged that negligence need not be
proven to establish liability. The trial court found for P, which was affirmed at the
appellate division. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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