Torts Keyed to Franklin
Sullivan v. Dunham
Plaintiff’s decedent was travelling on a highway when wooden debris struck and killed her. The wood fragment had come from the dynamite blast of a 60-foot tree 412 feet away. Plaintiff sued Defendant, who had hired two men to dynamite the tree from his property, and the two blasters for damages resulting from the decedent’s death. The suit was allowed by a statute that gave a decedent’s personal representative standing to sue for a wrongful act, neglect, or default leading to the decedent’s death if the same action could have been brought by the decedent. The trial judge held that Plaintiff did not need to prove negligence in order to recover. The court of appeals affirmed the finding for Plaintiff and Defendant appealed.
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